Introduced Version
SENATE BILL No. 341
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 1-1-5.5-25; IC 2-5-41.1; IC 6-2.5-5-58;
IC 6-7-3-0.5; IC 7.1-8; IC 7.1-9; IC 9-30; IC 25-1-13-6;
IC 35-31.5-2-186.4; IC 35-46-9-6; IC 35-48-4.
Synopsis: Medical cannabis. After marijuana is removed as a federal
schedule I controlled substance, permits the use of medical cannabis by
a person with a serious medical condition if certified by the person's
physician and establishes a procedure for the production and
distribution of medical cannabis. Makes conforming amendments.
Effective: July 1, 2025.
Young M
January 13, 2025, read first time and referred to Committee on Health and Provider
Services.
2025 IN 341—LS 7273/DI 106 Introduced
First Regular Session of the 124th General Assembly (2025)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2024 Regular Session of the General Assembly.
SENATE BILL No. 341
A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 1-1-5.5-25 IS ADDED TO THE INDIANA CODE
2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
3 1, 2025]: Sec. 25. (a) As used in this section, "pharmacy date"
4 means one hundred eighty (180) days following the date that the
5 United States authorizes pharmacies to sell marijuana in a form
6 that may be introduced into the human body by inhalation of
7 smoke.
8 (b) As used in this section, "qualified retailer" has the meaning
9 set forth in IC 7.1-8-1.
10 (c) After the pharmacy date:
11 (1) a qualified retailer may no longer sell cannabis to a patient
12 unless the qualified retailer is also a pharmacy;
13 (2) a physician may no longer issue a certification allowing a
14 patient to purchase medical cannabis; and
15 (3) a patient may only purchase medical cannabis with a
16 prescription, or as otherwise authorized by law.
17 (d) The legislative services agency shall prepare legislation for
2025 IN 341—LS 7273/DI 106 2
1 introduction in the next regular session of the general assembly
2 that convenes following the pharmacy date to make appropriate
3 changes to statutes to reflect the changes described in subsection
4 (c).
5 SECTION 2. IC 2-5-41.1 IS ADDED TO THE INDIANA CODE
6 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
7 JULY 1, 2025]:
8 Chapter 41.1. ICC Advisory Committee
9 Sec. 1. The following definitions apply throughout this chapter:
10 (1) "Advisory committee" means the ICC advisory committee
11 established by section 2 of this chapter.
12 (2) "ICC" means the Indiana cannabis commission
13 established by IC 7.1-9-2-1.
14 Sec. 2. The ICC advisory committee is established.
15 Sec. 3. (a) The advisory committee consists of the following four
16 (4) voting members and eight (8) nonvoting members:
17 (1) One (1) legislative member appointed by the speaker.
18 (2) One (1) legislative member appointed by the minority
19 leader of the house of representatives.
20 (3) One (1) legislative member appointed by the president pro
21 tempore.
22 (4) One (1) legislative member appointed by the minority
23 leader of the senate.
24 (5) One (1) representative of law enforcement, appointed as a
25 nonvoting member by the speaker.
26 (6) One (1) individual having experience in the treatment of
27 medical conditions by means of cannabis as a patient or
28 physician, appointed as a nonvoting member by the president
29 pro tempore.
30 (7) The commissioner of the department of state revenue or
31 the commissioner's designee, who serves as a nonvoting
32 member.
33 (8) The director of the Indiana state department of
34 agriculture or the director's designee, who serves as a
35 nonvoting member.
36 (9) The state health commissioner or the commissioner's
37 designee, who serves as a nonvoting member.
38 (10) A representative of an Indiana based cannabis trade
39 organization, appointed by the speaker as a nonvoting
40 member.
41 (11) A representative of an experienced manufacturer of low
42 THC hemp extract, appointed by the president pro tempore
2025 IN 341—LS 7273/DI 106 3
1 as a nonvoting member.
2 (12) An experienced hemp grower, appointed by the state seed
3 commissioner as a nonvoting member.
4 (b) The chairperson of the legislative council shall annually
5 select one (1) of the voting members to serve as chairperson.
6 Sec. 4. (a) A legislative member of the advisory committee may
7 be removed at any time by the appointing authority who appointed
8 the legislative member.
9 (b) If a vacancy exists on the advisory committee, the appointing
10 authority who appointed the former member whose position has
11 become vacant shall appoint an individual to fill the vacancy under
12 the vacating member's qualifications.
13 Sec. 5. Each member of the advisory committee is entitled to
14 receive the same per diem, mileage, and travel allowances paid to
15 individuals who serve as legislative and lay members, respectively,
16 of interim study committees established by the legislative council.
17 Sec. 6. The affirmative votes of a majority of the voting
18 members appointed to the advisory committee are required for the
19 advisory committee to take action on any measure, including final
20 reports.
21 Sec. 7. The advisory committee shall do the following, as
22 applicable:
23 (1) Review rules adopted by the ICC.
24 (2) Review legislative proposals suggested by the ICC.
25 (3) Evaluate the cannabis research and development program
26 under IC 7.1-9-5.
27 (4) Evaluate the operation of the medical cannabis program.
28 (5) Before the legalization date (as defined in
29 IC 35-31.5-2-186.4), meet, adopt rules, consider testimony,
30 make recommendations, and take any other action to prepare
31 for and in anticipation of the legalization of medical cannabis.
32 (6) Consider any other matter that has bearing on the
33 operation of the medical cannabis program.
34 SECTION 3. IC 6-2.5-5-58 IS ADDED TO THE INDIANA CODE
35 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
36 1, 2025]: Sec. 58. Transactions involving medical cannabis (as
37 defined in IC 7.1-8-1-1) are exempt from the state gross retail tax.
38 SECTION 4. IC 6-7-3-0.5 IS ADDED TO THE INDIANA CODE
39 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
40 1, 2025]: Sec. 0.5. This chapter does not apply after the legalization
41 date (as defined in IC 35-31.5-2-186.4).
42 SECTION 5. IC 7.1-8 IS ADDED TO THE INDIANA CODE AS A
2025 IN 341—LS 7273/DI 106 4
1 NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1,
2 2025]:
3 ARTICLE 8. CANNABIS
4 Chapter 0.5. Application
5 Sec. 1. This article applies on:
6 (1) March 14, 2026, if the United States removes marijuana as
7 a schedule I controlled substance in 2025; or
8 (2) July 1 following the date that the United States removes
9 marijuana as a schedule I controlled substance, if the United
10 States removes marijuana as a schedule I controlled substance
11 after 2025.
12 Chapter 1. Definitions
13 Sec. 1. The following definitions apply throughout this article:
14 (1) "Cannabis" means any part of the plant genus Cannabis.
15 (2) "Cannabis organization" means a qualified retailer, a
16 grower, a processor, or a testing laboratory.
17 (3) "Certification" means the certification issued to a patient
18 by a physician under this article, or a substantially similar
19 certification issued by a physician in another state.
20 (4) "Form of cannabis" means the characteristics of the
21 cannabis recommended for a particular patient, including the
22 method of consumption, and any particular dosage, strain,
23 variety, quantity, or percentage of cannabis or of a particular
24 active ingredient.
25 (5) "Grower" means a person that holds a permit issued by
26 the ICC to grow cannabis.
27 (6) "ICC" means the Indiana cannabis commission
28 established by IC 7.1-9-2-1.
29 (7) "ICC committee" means the ICC commissioners described
30 in IC 7.1-9-2.
31 (8) "INSPECT" means the Indiana scheduled prescription
32 electronic collection and tracking program established by
33 IC 25-1-13-4.
34 (9) "Medical cannabis" means cannabis for medical use.
35 (10) "Patient" means an individual who:
36 (A) has a serious medical condition; and
37 (B) meets the requirements for certification for the use of
38 cannabis under this article.
39 (11) "Permit" means an authorization issued by the ICC to a
40 cannabis organization to conduct activities under this article.
41 (12) "Processor" means a person that holds a permit issued by
42 the ICC to process or convert cannabis into a marketable
2025 IN 341—LS 7273/DI 106 5
1 form.
2 (13) "Qualified retailer" means a person that holds a permit
3 issued by the ICC to sell cannabis.
4 (14) "Serious medical condition" means one (1) or more of the
5 following medical conditions:
6 (A) Acquired immune deficiency syndrome (AIDS) or
7 positive status for the human immunodeficiency virus
8 (HIV).
9 (B) Anorexia.
10 (C) Arthritis.
11 (D) Cachexia.
12 (E) Chronic cancer pain.
13 (F) Glaucoma.
14 (G) Migraine.
15 (H) Persistent muscle spasms, including spasms associated
16 with multiple sclerosis, Crohn's disease, or related
17 conditions.
18 (I) Seizures, including those characteristic of epilepsy.
19 (J) Severe nausea.
20 (K) Posttraumatic stress disorder.
21 (L) Any persistent or chronic illness or condition that, in
22 the opinion of a physician:
23 (i) substantially limits the ability of a patient to conduct
24 one (1) or more major life activities; or
25 (ii) may cause serious harm to a patient's safety or
26 mental or physical health if not alleviated;
27 if the illness or condition may be improved by the use of
28 cannabis.
29 (15) "Testing laboratory" means a laboratory that analyzes
30 cannabis.
31 (16) "Transporter" means a person who transports cannabis
32 or paraphernalia commercially.
33 Chapter 2. Medical Cannabis Program
34 Sec. 1. (a) The medical cannabis program is established to serve
35 patients suffering from a serious medical condition.
36 (b) The ICC shall administer the program.
37 (c) The ICC has regulatory, enforcement, and exporting
38 authority over the growing, processing, sale, transporting, and use
39 of cannabis. The ICC shall contract with the state chemist for the
40 testing and growing of cannabis.
41 Sec. 2. The ICC shall do the following:
42 (1) Issue a permit to a qualifying cannabis organization
2025 IN 341—LS 7273/DI 106 6
1 authorizing the cannabis organization to grow, process, sell,
2 or test cannabis.
3 (2) Use INSPECT to store and track information relating to
4 the medical cannabis program.
5 (3) Maintain within the ICC's electronic data base an
6 electronic directory of patients approved to use medical
7 cannabis.
8 (4) Develop enforcement procedures, including announced
9 and unannounced inspections of:
10 (A) a qualified retailer;
11 (B) a grower facility;
12 (C) a processor facility; and
13 (D) all records of a cannabis organization.
14 (5) Establish a program to authorize the use of cannabis for
15 research purposes, and issue documents to permit a
16 researcher to obtain cannabis for research purposes.
17 (6) Establish and maintain public outreach programs about
18 the medical cannabis program, including:
19 (A) a dedicated telephone number for patients and
20 members of the public to obtain basic information about
21 the sale of medical cannabis; and
22 (B) a publicly accessible website containing information
23 similar to that described in clause (A).
24 (7) Collaborate as necessary with other state agencies, and
25 contract with third parties as necessary to carry out the
26 medical cannabis program, including public education
27 campaigns regarding the dangers of impaired driving and
28 inappropriate consumption by youth.
29 (8) Develop record keeping requirements for all books and
30 papers, any electronic data base or tracking system data, and
31 other information of a cannabis organization. Information
32 shall be retained for at least four (4) years unless otherwise
33 provided by the ICC.
34 (9) Restrict the advertising and marketing of cannabis, which
35 must be consistent with the federal regulations governing
36 prescription drug advertising and marketing.
37 Sec. 3. The ICC shall adopt rules under IC 4-22-2 to implement
38 this article.
39 Sec. 4. (a) The ICC shall maintain a confidential list of patients.
40 Except as provided in subsection (b), all information obtained by
41 the ICC relating to patients and other applicants is confidential.
42 (b) The following records are public:
2025 IN 341—LS 7273/DI 106 7
1 (1) An application for a permit submitted by a cannabis
2 organization.
3 (2) Information relating to penalties or other disciplinary
4 actions taken against a cannabis organization for violation of
5 this article.
6 Chapter 3. Use of Cannabis
7 Sec. 1. Notwithstanding any law to the contrary, the use,
8 possession, delivery, distribution, transport, growth, or
9 manufacture of:
10 (1) cannabis; or
11 (2) paraphernalia used in connection with cannabis;
12 is lawful if the use or possession complies with this article.
13 However, this article does not authorize a person to operate a
14 motor vehicle or other heavy machinery, including a motorboat,
15 while under the influence of cannabis.
16 Sec. 2. The use of cannabis is subject to the following:
17 (1) Cannabis may be sold only to:
18 (A) a patient who receives a certification from a physician
19 that authorizes sale of cannabis to the patient; or
20 (B) a research facility authorized by the ICC, under terms
21 and conditions established by the ICC.
22 (2) If a physician has ordered that cannabis be sold in a
23 specific form, cannabis may be sold only in that form.
24 (3) Cannabis that has not been used by the patient shall be
25 kept in the original package in which it was sold.
26 (4) A patient shall possess an Indiana driver's license or state
27 identification card whenever the patient is in possession of
28 cannabis.
29 Sec. 3. A product packaged by a cannabis organization may be
30 identified only by:
31 (1) the name of the grower or processor;
32 (2) the name of the qualified retailer;
33 (3) the form and species of cannabis;
34 (4) the percentage of tetrahydrocannabinol and cannabinol
35 contained in the product;
36 (5) the harvest or manufacture date, as applicable; and
37 (6) any other labeling required by the ICC.
38 Sec. 4. (a) Except as expressly otherwise provided in this article,
39 the possession or use of cannabis is unlawful.
40 (b) In addition to any other penalty provided by law, the
41 unlawful possession or use of cannabis may be a crime under
42 IC 35-48-4.
2025 IN 341—LS 7273/DI 106 8
1 Sec. 5. The following acts are unlawful:
2 (1) To grow cannabis unless the person:
3 (A) is a grower that has received a permit from the ICC;
4 or
5 (B) is a research facility authorized by the ICC.
6 (2) To sell cannabis unless the qualified retailer has received
7 a permit from the ICC.
8 Chapter 4. Physicians
9 Sec. 1. (a) A physician who issues a certification to a patient
10 under this article may not have an ownership interest in a cannabis
11 organization.
12 (b) A physician may issue a certification to a patient only if the
13 physician:
14 (1) establishes and intends to maintain a bona fide
15 physician-patient relationship with the patient for the
16 provision of medical services that is established by an in
17 person visit and for which there is an expectation that the
18 physician will provide care to the patient on an ongoing basis;
19 or
20 (2) establishes coordination with the patient's existing
21 primary physician for treatment of the patient's serious
22 medical condition.
23 (c) A physician who violates this section may be subject to
24 professional discipline.
25 Sec. 2. A physician may issue a certification to use cannabis to
26 a patient if the following requirements are met:
27 (1) The physician has determined that the patient has a
28 serious medical condition and has included the serious
29 medical condition in the patient's health care record.
30 (2) The patient is under the physician's continuing care for the
31 serious medical condition, except as provided in section
32 1(b)(2) of this chapter.
33 (3) The physician has determined the patient is likely to
34 receive therapeutic or palliative benefit from the use of
35 cannabis.
36 Sec. 3. A physician issuing a certification under section 1(b)(2)
37 of this chapter may not issue a certification unless the physician
38 has contacted the patient's existing primary physician to discuss
39 the patient's serious medical condition and which form of cannabis
40 the patient is likely to benefit from.
41 Sec. 4. A certification must include the following information:
42 (1) The patient's name, date of birth, and address.
2025 IN 341—LS 7273/DI 106 9
1 (2) The specific serious medical condition of the patient.
2 (3) A statement by the physician that the patient has a serious
3 medical condition and the patient is under continuing care for
4 the serious medical condition that is provided by:
5 (A) the physician; or
6 (B) the patient's existing primary physician (as described
7 in section 1(b)(2) of this chapter).
8 (4) The date of issuance.
9 (5) The name, address, telephone number, and signature of
10 the physician.
11 (6) Any requirement or limitation concerning the appropriate
12 form of cannabis, the maximum quantity of cannabis that the
13 patient may use, and any limitation on the duration of use, if
14 applicable.
15 Sec. 5. A physician shall do the following:
16 (1) Provide the certification to the patient.
17 (2) Provide a copy of the certification to the ICC, which shall
18 place the information in INSPECT and in the patient
19 directory within the ICC's electronic data base. The
20 certification may be transmitted to the ICC electronically.
21 (3) File a copy of the certification in the patient's health care
22 record.
23 Chapter 5. Certification Form
24 Sec. 1. The ICC shall develop a standard certification form,
25 which the ICC shall provide to a physician upon request. The form
26 must be available electronically. The form must include a
27 statement that a false statement made by a physician is punishable
28 under the penalties of perjury.
29 Sec. 2. The certification provided to the patient must advise the
30 patient of the following:
31 (1) A person may not operate a motor vehicle or other heavy
32 machinery, including a motorboat, while under the influence
33 of cannabis.
34 (2) A person shall avoid exposed high places and confined
35 spaces while under the influence of cannabis.
36 Chapter 6. Cannabis Organizations
37 Sec. 1. The following entities may receive a permit to operate as
38 a cannabis organization to grow, process, or sell cannabis:
39 (1) A grower.
40 (2) A processor.
41 (3) A qualified retailer.
42 Sec. 2. (a) The ICC shall develop an application for a:
2025 IN 341—LS 7273/DI 106 10
1 (1) grower permit allowing the grower to grow cannabis;
2 (2) qualified retailer permit allowing a qualified retailer to sell
3 cannabis;
4 (3) processor permit allowing a processor to process cannabis;
5 and
6 (4) testing laboratory permit allowing a testing laboratory to
7 test cannabis.
8 (b) The following information must be included on the permit
9 application:
10 (1) The name, address, telephone number, and other contact
11 information for every person having an ownership interest in
12 the cannabis organization.
13 (2) Information relating to a similar permit, license, or other
14 authorization granted in another jurisdiction, including any
15 suspensions, revocations, or discipline in that jurisdiction.
16 (3) A release authorizing the ICC to conduct a background
17 check of the persons having an ownership interest in the
18 cannabis organization.
19 (4) A statement as to whether the applicant intends to operate
20 as a grower, a processor, or a qualified retailer, and a concise
21 description of the business activities in which the cannabis
22 organization intends to engage.
23 (5) The address or other location where the cannabis
24 organization intends to operate.
25 (6) A statement that no person having an ownership interest
26 in the cannabis organization has a felony conviction, including
27 an expunged conviction, related to the production, possession,
28 or sale of a controlled substance.
29 (7) Any other information required by the ICC.
30 (c) A permit application described in this section shall be
31 verified and completed subject to the penalties of perjury.
32 (d) An applicant shall submit the appropriate application and
33 permit fees at the time the applicant submits the application.
34 Chapter 7. Cannabis Organization Permits
35 Sec. 1. Subject to the limits and conditions described in section
36 10 of this chapter, the ICC may grant a cannabis organization a
37 permit if the ICC makes the following findings:
38 (1) The applicant will maintain effective control of cannabis
39 in the custody of the applicant.
40 (2) The applicant will comply with all state statutes, all rules
41 adopted by the ICC, and any ordinances adopted by a
42 governmental unit.
2025 IN 341—LS 7273/DI 106 11
1 (3) The applicant has the ability to properly carry out the
2 activity for which the permit is sought.
3 (4) The applicant has sufficient financial means to acquire all
4 property, equipment, and permits required to properly grow,
5 process, or sell cannabis.
6 (5) The applicant is able to implement and maintain
7 appropriate security, tracking, record keeping, and
8 surveillance systems relating to the acquisition, possession,
9 growth, manufacture, delivery, transportation, distribution,
10 or sale of cannabis.
11 (6) The applicant satisfies any other conditions required
12 under rules adopted by the ICC.
13 (7) Granting a permit to the applicant serves the public
14 interest.
15 Sec. 2. If the ICC finds that information included in the
16 application is insufficient for the ICC to grant a permit to the
17 cannabis organization, the ICC may request that the applicant
18 submit additional documentation relating to one (1) or more items
19 listed in section 1 of this chapter.
20 Sec. 3. (a) Except as provided under subsection (b), a permit
21 granted under this chapter is nontransferable.
22 (b) A permit holder may transfer a permit to a person
23 authorized to hold a permit in accordance with rules adopted by
24 the ICC if:
25 (1) the permit holder has held the permit for at least
26 twenty-four (24) months; or
27 (2) the transfer is necessary due to the death or disability of
28 the permit holder or a similar severe hardship. For purposes
29 of this subdivision, financial hardship is not a severe hardship.
30 Sec. 4. A permit granted under this chapter is valid for one (1)
31 year after the date of issuance.
32 Sec. 5. (a) A permit may be renewed for one (1) or more
33 additional one (1) year periods.
34 (b) The ICC shall establish deadlines for filing a renewal
35 application that provide the ICC with sufficient time to review the
36 application without causing an interruption in the cannabis
37 organization's activities.
38 (c) The same standards that apply for granting an initial
39 application apply to an application for renewal. In determining
40 whether the renewal of a permit serves the public interest, the ICC
41 shall consider the manner in which the renewal applicant has
42 operated the cannabis organization and complied with all relevant
2025 IN 341—LS 7273/DI 106 12
1 laws.
2 Sec. 6. A permit issued by the ICC to a cannabis organization
3 must include the following information:
4 (1) The name and address of the cannabis organization.
5 (2) The type of permit.
6 (3) The activities permitted under the permit.
7 (4) A description of the property and facilities authorized to
8 be used by the cannabis organization.
9 (5) Any other information required by the ICC.
10 Sec. 7. The ICC may suspend or revoke all or part of a permit
11 granted under this chapter if, following a hearing, the ICC finds
12 any of the following:
13 (1) That one (1) or more of the determinations made under
14 section 1 of this chapter are no longer valid.
15 (2) That the cannabis organization knowingly or intentionally
16 sold or distributed cannabis to a person not permitted to
17 receive cannabis under this article.
18 (3) That the cannabis organization has failed to maintain
19 effective control against diversion of cannabis.
20 (4) That the cannabis organization has violated a provision of
21 this article or a rule adopted by the ICC.
22 (5) That the cannabis organization has failed to comply with
23 another law regulating controlled substances.
24 Sec. 8. (a) An applicant for a cannabis organization permit has
25 a continuing duty to notify the ICC of any material change in facts
26 or circumstances relating to the applicant's application, including
27 a change in ownership.
28 (b) An applicant's duty to notify the ICC begins on the date the
29 applicant submits the application and continues for as long as the
30 applicant holds a permit.
31 Sec. 9. The ICC may, upon request of a permit holder, amend an
32 existing permit to authorize a permit holder to:
33 (1) move the permit holder's operations from one (1) location
34 to another; or
35 (2) perform additional activities, or cease the performance of
36 certain activities now performed, at the permit holder's
37 facility;
38 if the ICC finds that the amendment is reasonable under the
39 circumstances.
40 Sec. 10. (a) The ICC shall initially issue:
41 (1) ten (10) processor permits; and
42 (2) one hundred (100) grower permits.
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1 (b) The ICC shall ensure that, to the extent practicable:
2 (1) at least one (1) processor permit is issued for a facility
3 located in each geographical region described in
4 IC 10-11-2-5(d); and
5 (2) at least three (3) grower permits are issued for cultivation
6 in each geographical region described in IC 10-11-2-5(d).
7 (c) The ICC may issue additional permits in order to meet the
8 demand for cannabis in Indiana and to ensure a competitive
9 market. The ICC shall annually complete a market analysis to
10 determine whether additional permits are needed to continue the
11 capture of market share from illicit sources. The ICC shall hold
12 public hearings as part of the market analysis to hear from
13 consumers, market stakeholders, and potential new applicants.
14 Chapter 8. General Duties of a Permit Holder
15 Sec. 1. The holder of a cannabis organization permit must do the
16 following:
17 (1) Report the loss, theft, or unexplained disappearance of
18 cannabis to a law enforcement agency not later than
19 twenty-four (24) hours after the loss, theft, or disappearance
20 is discovered.
21 (2) Permit announced or unannounced inspections by the ICC
22 of all cannabis organization facilities and records.
23 Chapter 9. Application and Permit Fees
24 Sec. 1. The following fees apply to a grower:
25 (1) A nonrefundable grower permit application fee of five
26 hundred dollars ($500).
27 (2) A refundable grower permit fee of two thousand five
28 hundred dollars ($2,500).
29 (3) A refundable grower permit renewal fee of one thousand
30 dollars ($1,000).
31 (4) A nonrefundable permit amendment fee of two hundred
32 fifty dollars ($250).
33 Sec. 2. The following fees apply to a processor:
34 (1) A nonrefundable processor permit application fee of two
35 thousand five hundred dollars ($2,500).
36 (2) A refundable processor permit fee of ten thousand dollars
37 ($10,000).
38 (3) A refundable processor permit renewal fee of five
39 thousand dollars ($5,000).
40 (4) A nonrefundable permit amendment fee of two hundred
41 fifty dollars ($250).
42 Sec. 3. The following fees apply to a qualified retailer:
2025 IN 341—LS 7273/DI 106 14
1 (1) A nonrefundable qualified retailer permit application fee
2 of two hundred dollars ($200).
3 (2) A refundable qualified retailer permit fee of one thousand
4 dollars ($1,000) for each qualified retailer location.
5 (3) A refundable qualified retailer permit renewal fee of seven
6 hundred fifty dollars ($750) for each qualified retailer
7 location.
8 (4) A nonrefundable permit amendment fee of two hundred
9 fifty dollars ($250).
10 Sec. 4. The following fees apply to a testing laboratory:
11 (1) A nonrefundable testing laboratory permit application fee
12 of one thousand dollars ($1,000).
13 (2) A refundable testing laboratory permit fee of two
14 thousand five hundred dollars ($2,500) for each testing
15 laboratory location.
16 (3) A refundable testing laboratory permit renewal fee of two
17 thousand dollars ($2,000) for each testing laboratory location.
18 (4) A nonrefundable permit amendment fee of two hundred
19 fifty dollars ($250).
20 Sec. 5. An applicant must submit the application fee and permit
21 fee at the time the applicant submits the application.
22 Sec. 6. (a) The ICC shall retain the application fee even if the
23 application is not approved.
24 (b) The ICC shall refund the permit fee and renewal fee if the
25 permit or renewal is not approved. However, the permit fee and
26 renewal fee are not refundable if the permit is initially granted but
27 later suspended or revoked.
28 (c) The ICC shall retain the amendment fee even if the
29 application for amendment is not approved.
30 Sec. 7. The ICC shall transfer all fees received under this
31 chapter to the state comptroller for deposit in the state general
32 fund.
33 Chapter 10. Tracking and Record Keeping
34 Sec. 1. (a) A cannabis organization must implement an
35 electronic inventory tracking system, which must be directly
36 accessible to the ICC through an electronic data base that is
37 updated at least one (1) time each day.
38 (b) The electronic inventory tracking system must include the
39 following:
40 (1) For a grower, a seed to sale tracking system that tracks the
41 cannabis from seed to plant until the cannabis is sold or
42 transferred to its final destination.
2025 IN 341—LS 7273/DI 106 15
1 (2) For a processor, a system that tracks cannabis from its
2 purchase from a grower to its transfer to a qualified retailer,
3 testing laboratory, or research facility as authorized by this
4 article.
5 (3) For a cannabis organization, a:
6 (A) daily log of each day's beginning inventory,
7 acquisitions, amounts purchased and sold, disbursements,
8 disposals, and ending inventory, including prices paid and
9 amounts collected from patients;
10 (B) system to recall defective cannabis; and
11 (C) system to track the waste resulting from the growth of
12 cannabis, including the name and address of a disposal
13 service.
14 Sec. 2. A cannabis organization must implement a plan for:
15 (1) security and surveillance; and
16 (2) record keeping and record retention.
17 Sec. 3. The ICC:
18 (1) shall require a cannabis organization to make an annual
19 report to the ICC; and
20 (2) may require a cannabis organization to make a quarterly
21 report to the ICC.
22 The ICC shall determine the form and contents of the report and
23 may make all or part of the report available to the public.
24 Chapter 11. Grower Operations
25 Sec. 1. A person holding a grower permit may do all the
26 following in accordance with rules adopted by the ICC:
27 (1) Obtain seed and plant material from another grower.
28 (2) Sell and transport seed and plant material to another
29 grower or processor.
30 (3) Sell and transport cannabis to a processor, qualified
31 retailer, testing laboratory, or research facility authorized by
32 the ICC.
33 The ICC may authorize a person holding a grower permit to sell
34 and transport seed, plant material, and cannabis to a grower,
35 processor, qualified retailer, testing laboratory, or research facility
36 in another state.
37 Sec. 2. The ICC shall determine the manner in which cannabis
38 may be grown, harvested, and stored at the cultivation or
39 harvesting facility.
40 Sec. 3. The ICC shall determine the manner in which
41 transportation of cannabis shall be conducted between or among
42 growers, processors, qualified retailers, testing laboratories, or
2025 IN 341—LS 7273/DI 106 16
1 research facilities. Rules adopted by the ICC must include the
2 following:
3 (1) Requirements relating to shipping containers and
4 packaging.
5 (2) The manner in which trucks, vans, trailers, or other
6 carriers will be secured.
7 (3) Obtaining copies of driver's licenses and registrations and
8 other information related to security and tracking.
9 (4) The use of a GPS tracking system.
10 (5) Record keeping requirements for delivery and receipt of
11 cannabis products.
12 Sec. 4. A grower shall contract with an independent testing
13 laboratory to test the cannabis produced by the grower. The ICC
14 shall approve the testing laboratory and require that the testing
15 laboratory report testing results in the manner determined by the
16 ICC. If a grower learns that the grower's sample has failed
17 required testing, the grower must take steps to remediate the
18 harvest to allowable levels under IC 7.1-8-14-3, or immediately
19 dispose of the harvest.
20 Chapter 12. Processor Operations
21 Sec. 1. A person holding a processor permit may do all the
22 following in accordance with rules adopted by the ICC:
23 (1) Obtain cannabis from a grower.
24 (2) Sell and transport processed cannabis to another grower
25 or processor.
26 (3) Sell and transport cannabis to a processor, qualified
27 retailer, testing laboratory, or research facility authorized by
28 the ICC.
29 The ICC shall authorize a person holding a processor permit to sell
30 and transport processed cannabis to a grower, processor, qualified
31 retailer, testing laboratory, or research facility in another state if
32 the person meets the requirements established by the ICC.
33 Sec. 2. The ICC shall determine the manner in which cannabis
34 may be processed or stored at the processor facility.
35 Sec. 3. The ICC shall determine the manner in which
36 transportation of cannabis shall be conducted between or among
37 cannabis organizations and research facilities. Rules adopted by
38 the ICC must include the following:
39 (1) Requirements relating to shipping containers and
40 packaging.
41 (2) The manner in which trucks, vans, trailers, or other
42 carriers will be secured.
2025 IN 341—LS 7273/DI 106 17
1 (3) Obtaining copies of driver's licenses and registrations and
2 other information related to security and tracking.
3 (4) The use of a GPS tracking system.
4 (5) Record keeping requirements for delivery and receipt of
5 cannabis products.
6 Sec. 4. A processor shall develop a plan to ensure that cannabis
7 products are properly labeled, are not packaged in a manner that
8 is appealing to children, and are placed in child resistant
9 packaging.
10 Sec. 5. A processor shall include on its labeling of cannabis
11 products the following:
12 (1) The number of doses contained within the package, the
13 species, and the percentage of tetrahydrocannabinol and
14 cannabinol.
15 (2) A warning that the cannabis must be kept in the original
16 container in which it was sold.
17 (3) A warning that unauthorized use is unlawful and will
18 subject the person to criminal penalties.
19 (4) A list of ingredients.
20 (5) The manufacture or harvest date.
21 (6) Any other information required by the ICC.
22 Sec. 6. A processor shall contract with an independent testing
23 laboratory to test the cannabis product produced by the processor.
24 The testing laboratory must be approved by the ICC, and the ICC
25 shall require that the testing laboratory report testing results in the
26 manner determined by the ICC. If a processor learns that a sample
27 submitted by the processor has failed required testing, the
28 processor must take steps to remediate the product to allowable
29 levels under IC 7.1-8-14-3, or immediately dispose of the batch.
30 Chapter 13. Qualified Retailer Operations
31 Sec. 1. A qualified retailer holding a valid permit under this
32 article may sell cannabis to a patient with a physician certification.
33 Sec. 2. A qualified retailer shall provide to a purchaser a receipt
34 including all of the following:
35 (1) The name and address of the qualified retailer.
36 (2) The name and address of the purchaser.
37 (3) The date the cannabis was sold.
38 (4) Any requirement or limitation by the physician as to the
39 form of cannabis for the patient.
40 (5) The form and the quantity of cannabis sold.
41 Sec. 3. A qualified retailer may not sell to a patient:
42 (1) in any thirty (30) day period:
2025 IN 341—LS 7273/DI 106 18
1 (A) more cannabis than the maximum amount authorized
2 by the certification; or
3 (B) thirty (30) grams of cannabis;
4 whichever is less; or
5 (2) a form of cannabis that is not authorized on the
6 certification.
7 Sec. 4. Cannabis packaging must include the following
8 information:
9 (1) The number of doses contained within the package, the
10 species, and the percentage of tetrahydrocannabinol and
11 cannabinol.
12 (2) A warning that the cannabis must be kept in the original
13 container in which it was sold.
14 (3) A warning that unauthorized use is unlawful and will
15 subject the person to criminal penalties.
16 (4) Any other information required by the ICC.
17 Sec. 5. A qualified retailer:
18 (1) may sell cannabis only in an indoor, enclosed, secure
19 facility located in Indiana;
20 (2) may sell medical devices and instruments that are needed
21 to administer cannabis; and
22 (3) may sell services approved by the ICC related to the use of
23 cannabis.
24 Sec. 6. A qualified retailer shall post a copy of its permit in a
25 location within its facility in a manner that is easily observable by
26 the public.
27 Sec. 7. A qualified retailer shall establish a plan to:
28 (1) prevent diversion of cannabis and cannabis products; and
29 (2) ensure a patient is not sold more cannabis than is
30 permitted under this article.
31 Chapter 14. Testing Laboratory Operations
32 Sec. 1. A testing laboratory may test cannabis from a cannabis
33 organization in accordance with rules adopted by the ICC if the
34 testing laboratory:
35 (1) holds a valid permit issued under this article; or
36 (2) is already accredited as a testing laboratory to
37 International Organization for Standardization (ISO) 17025
38 by a third party accrediting body such as the American
39 Association for Laboratory Accreditation (A2LA) or Assured
40 Calibration and Laboratory Accreditation Select Services
41 (ACLASS).
42 Sec. 2. A testing laboratory shall maintain policies and
2025 IN 341—LS 7273/DI 106 19
1 procedures for the secure and proper analytical testing of
2 cannabis, which must include:
3 (1) laboratory analysis techniques, including specific
4 instrumentation and protocols necessary to perform the tests
5 required by the ICC;
6 (2) the implementation of standards and methods for
7 conducting analysis of forms of cannabis in accordance with
8 the requirements of ISO/IEC 17025 "General Requirements
9 for the Competence of Testing and Calibration
10 Laboratories"; and
11 (3) methods of testing to detect:
12 (A) potency levels of tetrahydrocannabinol and
13 cannabinol;
14 (B) microbials;
15 (C) mycotoxins;
16 (D) pesticides;
17 (E) residual solvents; and
18 (F) any other matter as required by the ICC.
19 Sec. 3. The ICC shall establish the allowable level of microbials,
20 mycotoxins, pesticides, residual solvents, and other matter
21 determined by the ICC. If a sample received from a grower or
22 processor exceeds allowable levels, the testing laboratory must
23 immediately notify the grower or processor from which the testing
24 laboratory received the sample.
25 Sec. 4. A person holding an ownership interest in a qualified
26 retailer, grower, or processor permit may not have an ownership
27 interest in a testing laboratory permit.
28 Chapter 15. Transportation
29 Sec. 1. A transporter may transport cannabis or paraphernalia
30 from a:
31 (1) grower or processor to a qualified retailer;
32 (2) grower or processor to a testing laboratory or research
33 facility authorized by the ICC;
34 (3) qualified retailer to a grower or processor;
35 (4) qualified retailer to a testing laboratory or research
36 facility authorized by the ICC;
37 (5) cannabis organization to another cannabis organization;
38 or
39 (6) cannabis organization to another person if authorized to
40 do so by the ICC;
41 if the transporter complies with this chapter.
42 Sec. 2. No employee of a transporter under this chapter who is
2025 IN 341—LS 7273/DI 106 20
1 directly involved in the transport of cannabis or paraphernalia
2 may have a felony conviction, including an expunged conviction,
3 related to the production, possession, or sale of a controlled
4 substance.
5 Sec. 3. Cannabis or paraphernalia transported under this
6 chapter must be:
7 (1) packed in a tamper resistant and tamper evident package;
8 (2) clearly marked as to quantity and contents; and
9 (3) securely stored in the vehicle used for transport.
10 Sec. 4. The transporter shall proceed as directly and
11 expeditiously as practicable from the shipping location to the
12 receiving location.
13 Sec. 5. The person who ships the cannabis or paraphernalia
14 shall provide the transporter with a shipping manifest clearly
15 stating the:
16 (1) exact quantity of cannabis or paraphernalia that is being
17 transported;
18 (2) address of the shipping location;
19 (3) address of the receiving location;
20 (4) identification of the person transporting the material; and
21 (5) time the person transporting the material left the shipping
22 location.
23 Sec. 6. The transporter shall keep the shipping manifest in the
24 transporter's possession at all times.
25 Sec. 7. The ICC may adopt rules under IC 4-22-2 to regulate the
26 transport of cannabis or paraphernalia. The ICC may authorize a
27 transporter to transport cannabis or paraphernalia out of state.
28 Chapter 16. Banking
29 Sec. 1. As used in this chapter, "authorized cannabis
30 participant" means a person authorized to grow, process,
31 transport, test, certify, sell, buy, possess, or consume cannabis by
32 this article.
33 Sec. 2. As used in this chapter, "financial institution" means any
34 bank, trust company, corporate fiduciary, savings association,
35 credit union, savings bank, bank of discount and deposit, or
36 industrial loan and investment company organized or reorganized
37 under the laws of Indiana.
38 Sec. 3. A financial institution may offer to or establish a deposit
39 account for an authorized cannabis participant.
40 Sec. 4. An authorized cannabis participant may conduct
41 electronic payment transactions through a payment card network
42 after engaging a financial institution as a merchant acquirer for
2025 IN 341—LS 7273/DI 106 21
1 purposes of electronic payment transactions, if the financial
2 institution is able to engage as a merchant acquirer.
3 Chapter 17. Reports
4 Sec. 1. The ICC shall, not later than December 31 of each year,
5 submit a report concerning the medical cannabis program to the
6 legislative council, the governor, and the chief justice of the
7 supreme court. The report to the legislative council must be in an
8 electronic format under IC 5-14-6.
9 Chapter 18. Civil Penalties
10 Sec. 1. The ICC may assess a penalty of not more than twenty
11 thousand dollars ($20,000) for each violation of this article or a
12 rule adopted under this article. In addition, the ICC may impose
13 an additional penalty of not more than two thousand five hundred
14 dollars ($2,500) for each day of a continuing violation.
15 Sec. 2. (a) In determining the amount of a civil penalty imposed
16 under this chapter, the ICC shall consider the following:
17 (1) The seriousness of the violation.
18 (2) The potential harm resulting from the violation to patients
19 or the general public.
20 (3) The willfulness of the violation.
21 (4) Any previous violations.
22 (5) The economic benefit that accrued to the person who
23 committed the violation.
24 (b) If the ICC finds that the:
25 (1) violation did not threaten the safety or health of a patient
26 or the general public; and
27 (2) violator took immediate action to remedy the violation
28 upon learning of it;
29 the ICC may issue a written warning instead of assessing a civil
30 penalty.
31 Chapter 19. Research
32 Sec. 1. (a) The ICC may provide assistance to universities,
33 research facilities, pharmaceutical companies, state agencies, and
34 similar entities that wish to conduct research concerning cannabis.
35 (b) The ICC may conduct research concerning cannabis.
36 Sec. 2. The ICC may authorize persons conducting research on
37 cannabis to obtain, possess, transport, and use cannabis for
38 research purposes, under terms and conditions established by the
39 ICC. The ICC shall issue appropriate documentation to allow
40 persons to obtain cannabis for research purposes.
41 SECTION 6. IC 7.1-9 IS ADDED TO THE INDIANA CODE AS A
42 NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1,
2025 IN 341—LS 7273/DI 106 22
1 2025]:
2 ARTICLE 9. INDIANA CANNABIS COMMISSION
3 Chapter 1. Definitions
4 Sec. 1. The definitions in IC 7.1-8-1-1 apply throughout this
5 article.
6 Chapter 2. General Provisions
7 Sec. 1. The Indiana cannabis commission (ICC) is established as
8 an agency of the state for purposes of administering the medical
9 cannabis program.
10 Sec. 2. (a) The ICC consists of:
11 (1) the ICC committee;
12 (2) the executive director; and
13 (3) other employees necessary to carry out the duties of the
14 ICC.
15 (b) The ICC committee consists of three (3) commissioners, who
16 shall direct and oversee the operation of the ICC.
17 Sec. 3. (a) ICC commissioners shall be appointed by the
18 governor.
19 (b) A commissioner is eligible for reappointment.
20 (c) Not more than two (2) commissioners may belong to the
21 same political party.
22 (d) A commissioner shall be appointed to a four (4) year term.
23 (e) A commissioner serves the commissioner's term at the
24 pleasure of the governor.
25 Sec. 4. To be eligible for appointment as a commissioner, an
26 individual must have the following qualifications:
27 (1) The individual may not be employed by the state in any
28 other capacity.
29 (2) The individual must have good moral character.
30 (3) The individual must have been a resident of Indiana for at
31 least ten (10) years immediately preceding the appointment.
32 Sec. 5. The governor shall appoint one (1) commissioner to serve
33 as chairperson of the ICC committee and one (1) commissioner to
34 serve as vice chairperson. The vice chairperson shall act as the
35 chairperson if the chairperson is unable to attend a meeting of the
36 ICC committee.
37 Sec. 6. A commissioner appointed to fill a vacancy in the
38 membership of the ICC committee shall serve only for the
39 unexpired part of the original, vacated term. In all other respects,
40 an appointment to fill a vacancy shall be made in the same manner
41 that an original appointment is made.
42 Sec. 7. As compensation for services, each commissioner is
2025 IN 341—LS 7273/DI 106 23
1 entitled to the minimum salary per diem provided by
2 IC 4-10-11-2.1(b). A commissioner is also entitled to
3 reimbursement for traveling expenses as provided under
4 IC 4-13-1-4 and other expenses actually incurred in connection
5 with the commissioner's duties as provided in the state policies and
6 procedures established by the department of administration and
7 approved by the budget agency.
8 Sec. 8. Each commissioner shall execute:
9 (1) a surety bond in the amount of ten thousand dollars
10 ($10,000), with surety approved by the governor; and
11 (2) an oath of office.
12 The surety bond and the oath of office shall be filed in the office of
13 the secretary of state.
14 Sec. 9. The required surety bond executed and filed on behalf of
15 a commissioner shall be made payable to the state of Indiana and
16 conditioned upon the faithful discharge of the commissioner's
17 duties.
18 Sec. 10. The ICC committee shall hold meetings at the call of the
19 chairperson. The ICC committee may establish rules governing
20 meetings.
21 Sec. 11. (a) Two (2) ICC commissioners constitute a quorum for
22 the transaction of business.
23 (b) Each commissioner has one (1) vote.
24 (c) Action of the ICC committee may be taken only upon the
25 affirmative votes of at least two (2) commissioners.
26 Sec. 12. An ICC commissioner may not solicit or accept a
27 political contribution from a qualified patient or any individual or
28 entity that has a permit or has applied for a permit issued by the
29 ICC. However, the right of a commissioner to vote as the
30 commissioner chooses and to express the commissioner's opinions
31 on political subjects and candidates may not be impaired.
32 Chapter 3. Employees and Administration
33 Sec. 1. (a) The ICC committee shall appoint an executive
34 director to assist the ICC in the efficient administration of its
35 powers and duties.
36 (b) The ICC committee shall fix the salary of the executive
37 director, subject to the approval of the budget agency.
38 Sec. 2. The ICC has the power to employ all necessary
39 employees, determine their duties, and, subject to the approval of
40 the ICC committee and the budget agency, fix their salaries.
41 Chapter 4. Powers and Duties
42 Sec. 1. The chairperson is the presiding officer at the meetings
2025 IN 341—LS 7273/DI 106 24
1 of the ICC committee. The chairperson, together with the executive
2 director, shall prepare, certify, and authenticate all proceedings,
3 minutes, records, rules, and regulations of the ICC committee. The
4 chairperson shall also perform all other duties as imposed on the
5 chairperson by this title.
6 Sec. 2. The ICC has the power to organize its work, to enforce
7 and administer this article and IC 7.1-8, and to enforce and
8 administer the rules adopted by the ICC.
9 Sec. 3. The ICC shall adopt rules under IC 4-22-2 to prescribe
10 the forms for all applications, documents, permits, and licenses
11 used in the administration of this article and IC 7.1-8.
12 Sec. 4. The ICC has the following powers:
13 (1) To hold hearings before the ICC or its representative.
14 (2) To take testimony and receive evidence.
15 (3) To conduct inquiries with or without a hearing.
16 (4) To receive reports of investigators or other governmental
17 officers and employees.
18 (5) To administer oaths.
19 (6) To subpoena witnesses and to compel them to appear and
20 testify.
21 (7) To certify copies of records of the ICC or any other
22 document or record on file with the ICC.
23 (8) To fix the form, mode, manner, time, and number of times
24 for the posting or publication of any required notices if not
25 otherwise provided.
26 (9) Before the legalization date (as defined in
27 IC 35-31.5-2-186.4), meet, adopt rules, consider testimony,
28 make recommendations, and take any other action to prepare
29 for the legalization of medical cannabis.
30 (10) To adopt rules under IC 4-22-2 to carry out this article
31 and IC 7.1-8.
32 Sec. 5. (a) The ICC has the following duties:
33 (1) To establish the medical cannabis program described in
34 IC 7.1-8 and to adopt all necessary rules to implement the
35 program.
36 (2) To implement protocols to:
37 (A) prevent fraud;
38 (B) ensure the accuracy of information contained in the
39 application; and
40 (C) protect the privacy of an applicant.
41 (3) To advise the general assembly concerning the
42 establishment of a program for the:
2025 IN 341—LS 7273/DI 106 25
1 (A) manufacture;
2 (B) cultivation;
3 (C) advertising;
4 (D) transportation; and
5 (E) sale;
6 of cannabis.
7 (4) To encourage research concerning cannabis.
8 (b) Before the legalization date (as defined in
9 IC 35-31.5-2-186.4), the ICC may perform any of the duties
10 described subsection (a) to prepare for and in anticipation of the
11 legalization of medical cannabis.
12 Chapter 5. Research and Development
13 Sec. 1. To permit and encourage research concerning cannabis:
14 (1) an accredited institution of higher education with a
15 physical presence in Indiana; and
16 (2) a pharmaceutical or agricultural business having a
17 research facility in Indiana;
18 may apply to the ICC for a license to conduct research concerning
19 cannabis.
20 Sec. 2. An application under this chapter must include the
21 following:
22 (1) The nature of the research project.
23 (2) The names of the individuals who will conduct the
24 research project.
25 (3) The approximate quantity of cannabis that will be used in
26 the research project.
27 (4) The security protocol to be implemented to ensure that
28 cannabis is not diverted for uses other than the research
29 project.
30 (5) Any other information required by the ICC.
31 Sec. 3. Upon receipt of a completed application, the ICC may
32 issue a research license to the accredited institution of higher
33 education or pharmaceutical or agricultural business. The research
34 license must specifically list the names of each individual
35 participating in the research project who will have custody or
36 control of cannabis for research purposes and the approximate
37 quantity of the cannabis that will be used in the research project.
38 Sec. 4. The ICC may charge a reasonable fee for issuance of a
39 research license.
40 SECTION 7. IC 9-30-5-1, AS AMENDED BY P.L.49-2021,
41 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
42 JULY 1, 2025]: Sec. 1. (a) A person who operates a vehicle with an
2025 IN 341—LS 7273/DI 106 26
1 alcohol concentration equivalent to at least eight-hundredths (0.08)
2 gram of alcohol but less than fifteen-hundredths (0.15) gram of alcohol
3 per:
4 (1) one hundred (100) milliliters of the person's blood; or
5 (2) two hundred ten (210) liters of the person's breath;
6 commits a Class C misdemeanor.
7 (b) A person who operates a vehicle with an alcohol concentration
8 equivalent to at least fifteen-hundredths (0.15) gram of alcohol per:
9 (1) one hundred (100) milliliters of the person's blood; or
10 (2) two hundred ten (210) liters of the person's breath;
11 commits a Class A misdemeanor.
12 (c) A person who operates a vehicle with a controlled substance
13 listed in schedule I or II of IC 35-48-2 or its metabolite, after the
14 legalization date (as defined in IC 35-31.5-2-186.4) not including
15 THC, in the person's blood commits a Class C misdemeanor.
16 (d) It is a defense to subsection (c) that:
17 (1) the accused person consumed the controlled substance in
18 accordance with a valid prescription or order of a practitioner (as
19 defined in IC 35-48-1) who acted in the course of the
20 practitioner's professional practice; or
21 (2) the:
22 (A) controlled substance is marijuana or a metabolite of
23 marijuana;
24 (B) person was not intoxicated;
25 (C) person did not cause a traffic accident; and
26 (D) substance was identified by means of a chemical test taken
27 pursuant to IC 9-30-7.
28 (e) This subsection applies after the legalization date (as defined
29 in IC 35-31.5-2-186.4). A person who:
30 (1) operates a vehicle with at least five (5) nanograms of THC
31 per milliliter of the person's whole blood; and
32 (2) is impaired;
33 commits a Class C misdemeanor.
34 SECTION 8. IC 9-30-5-4, AS AMENDED BY P.L.184-2019,
35 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
36 JULY 1, 2025]: Sec. 4. (a) A person who causes serious bodily injury
37 to another person when operating a vehicle:
38 (1) with an alcohol concentration equivalent to at least
39 eight-hundredths (0.08) gram of alcohol per:
40 (A) one hundred (100) milliliters of the person's blood; or
41 (B) two hundred ten (210) liters of the person's breath;
42 (2) with a controlled substance listed in schedule I or II of
2025 IN 341—LS 7273/DI 106 27
1 IC 35-48-2 or its metabolite, after the legalization date (as
2 defined in IC 35-31.5-2-186.4) not including THC, in the
3 person's blood;
4 (3) after the legalization date (as defined in
5 IC 35-31.5-2-186.4), with at least five (5) nanograms of THC
6 per milliliter of the person's whole blood; or
7 (3) (4) while intoxicated;
8 commits a Level 5 felony. However, the offense is a Level 4 felony if
9 the person has a previous conviction of operating while intoxicated
10 within the five (5) years preceding the commission of the offense.
11 (b) A person who violates subsection (a) commits a separate offense
12 for each person whose serious bodily injury is caused by the violation
13 of subsection (a).
14 (c) It is a defense under subsection (a)(2) that the accused person
15 consumed the controlled substance in accordance with a valid
16 prescription or order of a practitioner (as defined in IC 35-48-1) who
17 acted in the course of the practitioner's professional practice.
18 SECTION 9. IC 9-30-5-5, AS AMENDED BY P.L.184-2019,
19 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
20 JULY 1, 2025]: Sec. 5. (a) A person who causes the death or
21 catastrophic injury of another person when operating a vehicle:
22 (1) with an alcohol concentration equivalent to at least
23 eight-hundredths (0.08) gram of alcohol per:
24 (A) one hundred (100) milliliters of the person's blood; or
25 (B) two hundred ten (210) liters of the person's breath;
26 (2) with a controlled substance listed in schedule I or II of
27 IC 35-48-2 or its metabolite, after the legalization date (as
28 defined in IC 35-31.5-2-186.4) not including THC, in the
29 person's blood;
30 (3) after the legalization date (as defined in
31 IC 35-31.5-2-186.4), with at least five (5) nanograms of THC
32 per milliliter of the person's whole blood; or
33 (3) (4) while intoxicated;
34 commits a Level 4 felony.
35 (b) A person who causes the death of a law enforcement animal (as
36 defined in IC 35-46-3-4.5) when operating a vehicle:
37 (1) with an alcohol concentration equivalent to at least
38 eight-hundredths (0.08) gram of alcohol per:
39 (A) one hundred (100) milliliters of the person's blood; or
40 (B) two hundred ten (210) liters of the person's breath; or
41 (2) with a controlled substance listed in schedule I or II of
42 IC 35-48-2 or its metabolite, after the legalization date (as
2025 IN 341—LS 7273/DI 106 28
1 defined in IC 35-31.5-2-186.4) not including THC, in the
2 person's blood; or
3 (3) after the legalization date (as defined in
4 IC 35-31.5-2-186.4), with at least five (5) nanograms of THC
5 per milliliter of the person's whole blood;
6 commits a Level 6 felony.
7 (c) A person who commits an offense under subsection (a) or (b)
8 commits a separate offense for each person or law enforcement animal
9 whose death (or catastrophic injury, in the case of a person) is caused
10 by the violation of subsection (a) or (b).
11 (d) It is a defense under subsection (a) or (b) that the person accused
12 of causing the death or catastrophic injury of another person or the
13 death of a law enforcement animal when operating a vehicle with a
14 controlled substance listed in schedule I or II of IC 35-48-2 or its
15 metabolite in the person's blood consumed the controlled substance in
16 accordance with a valid prescription or order of a practitioner (as
17 defined in IC 35-48-1) who acted in the course of the practitioner's
18 professional practice.
19 SECTION 10. IC 9-30-6-6, AS AMENDED BY P.L.174-2021,
20 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
21 JULY 1, 2025]: Sec. 6. (a) A physician, a person trained in retrieving
22 contraband or obtaining bodily substance samples and acting under the
23 direction of or under a protocol prepared by a physician, or a licensed
24 health care professional acting within the professional's scope of
25 practice and under the direction of or under a protocol prepared by a
26 physician, who:
27 (1) obtains a blood, urine, or other bodily substance sample from
28 a person, regardless of whether the sample is taken for diagnostic
29 purposes or at the request of a law enforcement officer under this
30 section;
31 (2) performs a chemical test on blood, urine, or other bodily
32 substance obtained from a person; or
33 (3) searches for or retrieves contraband from the body cavity of an
34 individual;
35 shall deliver the sample or contraband or disclose the results of the test
36 to a law enforcement officer who requests the sample, contraband, or
37 results as a part of a criminal investigation. Samples, contraband, and
38 test results shall be provided to a law enforcement officer even if the
39 person has not consented to or otherwise authorized their release.
40 (b) A physician, a licensed health care professional, a hospital, or an
41 agent of a physician or hospital is not civilly or criminally liable for any
42 of the following:
2025 IN 341—LS 7273/DI 106 29
1 (1) Disclosing test results in accordance with this section.
2 (2) Delivering contraband, or a blood, urine, or other bodily
3 substance sample in accordance with this section.
4 (3) Searching for or retrieving contraband or obtaining a blood,
5 urine, or other bodily substance sample in accordance with this
6 section.
7 (4) Disclosing to the prosecuting attorney or the deputy
8 prosecuting attorney for use at or testifying at the criminal trial of
9 the person as to facts observed or opinions formed.
10 (5) Failing to treat a person from whom contraband is retrieved or
11 a blood, urine, or other bodily substance sample is obtained at the
12 request of a law enforcement officer if the person declines
13 treatment.
14 (6) Injury to a person arising from the performance of duties in
15 good faith under this section. However, immunity does not apply
16 if the physician, licensed health care professional, hospital, or
17 agent of a physician or hospital acts with gross negligence or
18 willful or wanton misconduct.
19 (c) For the purposes of a criminal proceeding:
20 (1) the privileges arising from a patient-physician relationship do
21 not apply to the contraband, samples, test results, or testimony
22 described in this section; and
23 (2) contraband, samples, test results, and testimony may be
24 admitted in a proceeding in accordance with the applicable rules
25 of evidence.
26 (d) The exceptions to the patient-physician relationship specified in
27 subsection (c) do not affect those relationships in a proceeding that is
28 not a criminal proceeding.
29 (e) The contraband, test results, and samples obtained by a law
30 enforcement officer under subsection (a) may be disclosed only to a
31 prosecuting attorney or a deputy prosecuting attorney for use as
32 evidence in a criminal proceeding.
33 (f) This section does not require a physician or a person under the
34 direction of a physician to perform a chemical test or to retrieve
35 contraband.
36 (g) If the person:
37 (1) from whom the contraband is to be retrieved or the bodily
38 substance sample is to be obtained under this section does not
39 consent; and
40 (2) resists the retrieval of the contraband or the taking of a
41 sample;
42 the law enforcement officer may use reasonable force to assist an
2025 IN 341—LS 7273/DI 106 30
1 individual, who must be authorized under this section to retrieve
2 contraband or obtain a sample, in the retrieval of the contraband or the
3 taking of the sample.
4 (h) The person authorized under this section to retrieve contraband
5 or obtain a bodily substance sample shall take the sample or retrieve
6 the contraband in a medically accepted manner.
7 (i) This subsection does not apply to contraband retrieved or a
8 bodily substance sample taken at a licensed hospital (as defined in
9 IC 16-18-2-179(a) and IC 16-18-2-179(b)). A law enforcement officer
10 may transport the person to a place where the contraband may be
11 retrieved or the sample may be obtained by any of the following
12 persons who are trained in retrieving contraband or obtaining bodily
13 substance samples and who have been engaged to retrieve contraband
14 or obtain samples under this section:
15 (1) A physician holding an unlimited license to practice medicine
16 or osteopathy.
17 (2) A registered nurse.
18 (3) A licensed practical nurse.
19 (4) An advanced emergency medical technician (as defined in
20 IC 16-18-2-6.5).
21 (5) A paramedic (as defined in IC 16-18-2-266).
22 (6) Except as provided in subsections (j) through (k), any other
23 person qualified through training, experience, or education to
24 retrieve contraband or obtain a bodily substance sample.
25 (j) A law enforcement officer may not retrieve contraband or obtain
26 a bodily substance sample under this section if the contraband is to be
27 retrieved or the sample is to be obtained from another law enforcement
28 officer as a result of the other law enforcement officer's involvement in
29 an accident or alleged crime.
30 (k) A law enforcement officer who is otherwise qualified to obtain
31 a bodily substance sample under this section may obtain a bodily
32 substance sample from a person involved in an accident or alleged
33 crime who is not a law enforcement officer only if:
34 (1) the officer obtained a bodily substance sample from an
35 individual as part of the officer's official duties as a law
36 enforcement officer; and
37 (2) the:
38 (A) person consents to the officer obtaining a bodily substance
39 sample; or
40 (B) obtaining of the bodily substance sample is authorized by
41 a search warrant.
42 (l) A physician or a person trained in obtaining bodily samples who
2025 IN 341—LS 7273/DI 106 31
1 is acting under the direction of or under a protocol prepared by a
2 physician shall obtain a blood sample if the following conditions are
3 satisfied:
4 (1) A law enforcement officer requests that the sample be
5 obtained.
6 (2) The law enforcement officer has certified in writing the
7 following:
8 (A) That the officer has probable cause to believe the person
9 from whom the sample is to be obtained has violated
10 IC 9-30-5-4, IC 9-30-5-5, IC 35-46-9-6(b)(2),
11 IC 35-46-9-6(c)(2), or IC 35-46-9-6(c). IC 35-46-9-6(d).
12 (B) That the offense resulting in a criminal investigation
13 described in subsection (a) occurred not more than three (3)
14 hours before the time the sample is requested.
15 (C) That exigent circumstances exist that create pressing
16 health, safety, or law enforcement needs that would take
17 priority over a warrant application.
18 (3) Not more than the use of reasonable force is necessary to
19 obtain the sample.
20 SECTION 11. IC 25-1-13-6, AS AMENDED BY P.L.51-2019,
21 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
22 JULY 1, 2025]: Sec. 6. (a) The INSPECT program shall collect and
23 process information received under IC 25-26-24-17 and has duties
24 described in IC 25-26-24-18 and IC 25-26-24-19.
25 (b) The INSPECT program shall store and track information
26 relating to the medical cannabis program under IC 7.1-8.
27 SECTION 12. IC 35-31.5-2-186.4 IS ADDED TO THE INDIANA
28 CODE AS A NEW SECTION TO READ AS FOLLOWS
29 [EFFECTIVE JULY 1, 2025]: Sec. 186.4. "Legalization date" means
30 the date specified in IC 7.1-8-0.5-1.
31 SECTION 13. IC 35-46-9-6, AS AMENDED BY P.L.184-2019,
32 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
33 JULY 1, 2025]: Sec. 6. (a) Except as provided in subsections (b) and
34 (c) and (d), a person who operates a motorboat while:
35 (1) having an alcohol concentration equivalent (as defined in
36 IC 9-13-2-2.4) to at least eight-hundredths (0.08) gram of alcohol
37 per:
38 (A) one hundred (100) milliliters of the person's blood; or
39 (B) two hundred ten (210) liters of the person's breath;
40 (2) having a controlled substance listed in schedule I or II of
41 IC 35-48-2 or its metabolite, after the legalization date not
42 including THC, in the person's body; or
2025 IN 341—LS 7273/DI 106 32
1 (3) intoxicated;
2 commits a Class C misdemeanor.
3 (b) This subsection applies after the legalization date. A person
4 who:
5 (1) operates a vehicle with at least five (5) nanograms of THC
6 per milliliter of the person's whole blood; and
7 (2) is impaired;
8 commits a Class C misdemeanor.
9 (b) (c) The offense under subsection (a) or (b) is a Level 6 felony
10 if:
11 (1) the person has a previous conviction under:
12 (A) IC 14-1-5 (repealed);
13 (B) IC 14-15-8-8 (repealed); or
14 (C) this chapter; or
15 (2) the offense results in serious bodily injury to another person.
16 (c) (d) The offense under subsection (a) or (b) is a Level 5 felony
17 if the offense results in the death or catastrophic injury of another
18 person.
19 (d) (e) It is a defense to a prosecution under subsection (a)(2) that
20 the accused person consumed the controlled substance in accordance
21 with a valid prescription or order of a practitioner (as defined in
22 IC 35-48-1-24) who acted in the course of the practitioner's
23 professional practice.
24 SECTION 14. IC 35-48-4-8.3, AS AMENDED BY P.L.187-2015,
25 SECTION 49, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
26 JULY 1, 2025]: Sec. 8.3. (a) This section does not apply to:
27 (1) a rolling paper; or
28 (2) after the legalization date, a person, including a patient,
29 cannabis organization, research facility, or transporter
30 described in IC 7.1-8, if the person is in substantial
31 compliance with the requirements of IC 7.1-8.
32 (b) A person who knowingly or intentionally possesses an
33 instrument, a device, or another object that the person intends to use
34 for:
35 (1) introducing into the person's body a controlled substance;
36 (2) testing the strength, effectiveness, or purity of a controlled
37 substance; or
38 (3) enhancing the effect of a controlled substance;
39 commits a Class C misdemeanor. However, the offense is a Class A
40 misdemeanor if the person has a prior unrelated judgment or conviction
41 under this section.
42 SECTION 15. IC 35-48-4-8.5, AS AMENDED BY P.L.153-2018,
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1 SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2 JULY 1, 2025]: Sec. 8.5. (a) A person who keeps for sale, offers for
3 sale, delivers, or finances the delivery of a raw material, an instrument,
4 a device, or other object that is intended to be or that is designed or
5 marketed to be used primarily for:
6 (1) ingesting, inhaling, or otherwise introducing into the human
7 body marijuana, hash oil, hashish, salvia, a synthetic drug, or a
8 controlled substance;
9 (2) testing the strength, effectiveness, or purity of marijuana, hash
10 oil, hashish, salvia, a synthetic drug, or a controlled substance;
11 (3) enhancing the effect of a controlled substance;
12 (4) manufacturing, compounding, converting, producing,
13 processing, or preparing marijuana, hash oil, hashish, salvia, a
14 synthetic drug, or a controlled substance;
15 (5) diluting or adulterating marijuana, hash oil, hashish, salvia, a
16 synthetic drug, or a controlled substance by individuals; or
17 (6) any purpose announced or described by the seller that is in
18 violation of this chapter;
19 commits a Class A infraction for dealing in paraphernalia.
20 (b) A person who knowingly or intentionally violates subsection (a)
21 commits a Class A misdemeanor. However, the offense is a Level 6
22 felony if the person has a prior unrelated judgment or conviction under
23 this section.
24 (c) This section does not apply to the following:
25 (1) Items marketed for use in the preparation, compounding,
26 packaging, labeling, or other use of marijuana, hash oil, hashish,
27 salvia, a synthetic drug, or a controlled substance as an incident
28 to lawful research, teaching, or chemical analysis and not for sale.
29 (2) Items marketed for or historically and customarily used in
30 connection with the planting, propagating, cultivating, growing,
31 harvesting, manufacturing, compounding, converting, producing,
32 processing, preparing, testing, analyzing, packaging, repackaging,
33 storing, containing, concealing, injecting, ingesting, or inhaling
34 of tobacco or any other lawful substance.
35 (3) A qualified entity (as defined in IC 16-41-7.5-3) that provides
36 a syringe or needle as part of a program under IC 16-41-7.5.
37 (4) Any entity or person that provides funding to a qualified entity
38 (as defined in IC 16-41-7.5-3) to operate a program described in
39 IC 16-41-7.5.
40 (5) After the legalization date, a person, including a patient,
41 cannabis organization, research facility, or transporter
42 described in IC 7.1-8, if the person is in substantial
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1 compliance with the requirements of IC 7.1-8.
2 SECTION 16. IC 35-48-4-10, AS AMENDED BY P.L.153-2018,
3 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4 JULY 1, 2025]: Sec. 10. (a) A person who:
5 (1) knowingly or intentionally:
6 (A) manufactures;
7 (B) finances the manufacture of;
8 (C) delivers; or
9 (D) finances the delivery of;
10 marijuana, hash oil, hashish, or salvia, pure or adulterated; or
11 (2) possesses, with intent to:
12 (A) manufacture;
13 (B) finance the manufacture of;
14 (C) deliver; or
15 (D) finance the delivery of;
16 marijuana, hash oil, hashish, or salvia, pure or adulterated;
17 commits dealing in marijuana, hash oil, hashish, or salvia, a Class A
18 misdemeanor, except as provided in subsections (b) through (d).
19 (b) A person may be convicted of an offense under subsection (a)(2)
20 only if:
21 (1) there is evidence in addition to the weight of the drug that the
22 person intended to manufacture, finance the manufacture of,
23 deliver, or finance the delivery of the drug; or
24 (2) the amount of the drug involved is at least:
25 (A) ten (10) pounds, if the drug is marijuana; or
26 (B) three hundred (300) grams, if the drug is hash oil, hashish,
27 or salvia.
28 (c) The offense is a Level 6 felony if:
29 (1) the person has a prior conviction for a drug offense and the
30 amount of the drug involved is:
31 (A) less than thirty (30) grams of marijuana; or
32 (B) less than five (5) grams of hash oil, hashish, or salvia; or
33 (2) the amount of the drug involved is:
34 (A) at least thirty (30) grams but less than ten (10) pounds of
35 marijuana; or
36 (B) at least five (5) grams but less than three hundred (300)
37 grams of hash oil, hashish, or salvia.
38 (d) The offense is a Level 5 felony if:
39 (1) the person has a prior conviction for a drug dealing offense
40 and the amount of the drug involved is:
41 (A) at least thirty (30) grams but less than ten (10) pounds of
42 marijuana; or
2025 IN 341—LS 7273/DI 106 35
1 (B) at least five (5) grams but less than three hundred (300)
2 grams of hash oil, hashish, or salvia;
3 (2) the:
4 (A) amount of the drug involved is:
5 (i) at least ten (10) pounds of marijuana; or
6 (ii) at least three hundred (300) grams of hash oil, hashish,
7 or salvia; or
8 (B) offense involved a sale to a minor; or
9 (3) the:
10 (A) person is a retailer;
11 (B) marijuana, hash oil, hashish, or salvia is packaged in a
12 manner that appears to be low THC hemp extract; and
13 (C) person knew or reasonably should have known that the
14 product was marijuana, hash oil, hashish, or salvia.
15 (e) After the legalization date, this section does not apply to a
16 person, including a patient, cannabis organization, research
17 facility, or transporter described in IC 7.1-8, if the person is in
18 substantial compliance with the requirements of IC 7.1-8.
19 SECTION 17. IC 35-48-4-11, AS AMENDED BY P.L.153-2018,
20 SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
21 JULY 1, 2025]: Sec. 11. (a) A person who:
22 (1) knowingly or intentionally possesses (pure or adulterated)
23 marijuana, hash oil, hashish, or salvia;
24 (2) knowingly or intentionally grows or cultivates marijuana; or
25 (3) knowing that marijuana is growing on the person's premises,
26 fails to destroy the marijuana plants;
27 commits possession of marijuana, hash oil, hashish, or salvia, a Class
28 B misdemeanor, except as provided in subsections (b) through (c).
29 (b) The offense described in subsection (a) is a Class A
30 misdemeanor if:
31 (1) the person has a prior conviction for a drug offense; or
32 (2) the:
33 (A) marijuana, hash oil, hashish, or salvia is packaged in a
34 manner that appears to be low THC hemp extract; and
35 (B) person knew or reasonably should have known that the
36 product was marijuana, hash oil, hashish, or salvia.
37 (c) The offense described in subsection (a) is a Level 6 felony if:
38 (1) the person has a prior conviction for a drug offense; and
39 (2) the person possesses:
40 (A) at least thirty (30) grams of marijuana; or
41 (B) at least five (5) grams of hash oil, hashish, or salvia.
42 (d) After the legalization date, this section does not apply to a
2025 IN 341—LS 7273/DI 106 36
1 person, including a patient, cannabis organization, research
2 facility, or transporter described in IC 7.1-8, if the person is in
3 substantial compliance with the requirements of IC 7.1-8.
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