HB 1275

                                                             Introduced Version
           HOUSE BILL No. 1275
                 _____
              DIGEST OF INTRODUCED BILL
Citations Affected: IC 24-4-22.
Synopsis: Sale of hemp containing products. Provides that a person
selling certain hemp products may not permit an individual less than 21
years of age to enter the retail premises, and makes a violation a Class
C infraction.
Effective: July 1, 2026.
     Commons, Bascom, Prescott
   January 6, 2026, read first time and referred to Committee on Public Policy.
2026  IN 1275—LS 7040/DI 106
                                                                                       Introduced
            Second Regular Session of the 124th General Assembly (2026)
 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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 between statutes enacted by the 2025 Regular Session of the General Assembly.
                   HOUSE BILL No. 1275
    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 24-4-22-3, AS ADDED BY P.L.153-2018,
2 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2026]: Sec. 3. (a) This section applies only to low THC
4 hemp extract containing:
5      (1) delta-8 THC;
6      (2) delta-10 THC;
7      (3) hexahydrocannabinol (HHC);
8      (4) tetrahydrocannabinol acetate ester (THCo);
9      (5) tetrahydrocannabinolic acid (THCA);
10      (6) tetrahydrocannabiphorol (THCp); or
11      (7) tetrahydrocannabivarin (THCv).
12    (a) (b) Except as provided in subsection (b), (f), a person may sell
13 low THC hemp extract to which this section applies at retail only if all
14 of the following apply:
15      (1) The packaging complies with the requirements of
16      IC 24-4-21-4.
17      (2) The person prohibits an individual who is less than
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1      twenty-one (21) years of age from entering the person's retail
2      establishment.
3      (3) The person conspicuously displays, on or near every
4      entrance to the person's retail establishment, a sign in
5      boldface type that states "NOTICE: It is unlawful for a
6      person less than twenty-one (21) years old to enter this
7      establishment.".
8    (c) A person that violates this section commits a Class C
9 infraction.
10    (d) Notwithstanding IC 34-28-5-4(c), a civil judgment for an
11 infraction committed under this section must be imposed as
12 follows:
13      (1) If the person at that specific business location has not been
14      issued a citation or summons for a violation of this section in
15      the previous one (1) year, a civil penalty of up to four hundred
16      dollars ($400).
17      (2) If the person at that specific business location has had one
18      (1) citation or summons issued for a violation of this section
19      in the previous one (1) year, a civil penalty of up to eight
20      hundred dollars ($800).
21      (3) If the person at that specific business location has had two
22      (2) citations or summonses issued for a violation of this section
23      in the previous one (1) year, a civil penalty of up to one
24      thousand four hundred dollars ($1,400).
25      (4) If the person at that specific business location has had
26      three (3) or more citations or summonses issued for a
27      violation of this section in the previous one (1) year, a civil
28      penalty of up to two thousand dollars ($2,000).
29 A person may not be issued a citation or summons for a violation
30 of this section more than once every twenty-four (24) hours for
31 each specific business location.
32    (e) The following defenses are available to a person accused of
33 violating subsection (b)(2):
34      (1) The individual produced a driver's license bearing the
35      individual's photograph showing that the individual was at
36      least twenty-one (21) years of age.
37      (2) The individual produced a photographic identification
38      card issued under IC 9-24-16-1 or a similar card issued under
39      the laws of another state or the federal government showing
40      that the individual was at least twenty-one (21) years of age.
41      (3) The appearance of the individual was such that an
42      ordinary prudent person would believe that the individual
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1was not less than thirty (30) years of age.
2(4) The individual transported or delivered goods to the
3person within the scope of the individual's employment.
4    (f) This section does not prohibit the sale or dispensing of low
5 THC hemp extract to an individual at least twenty-one (21) years
6 of age at a pharmacy or health care facility (as defined by
7 IC 16-18-2-161(a)).
8    (b) Before July 1, 2018, a person may sell low THC hemp extract at
9 retail even if the packaging does not comply with the requirements of
10 IC 24-4-21-4.
11    SECTION 2. IC 24-4-22-4 IS REPEALED [EFFECTIVE JULY 1,
12 2026]. Sec. 4. This section applies after June 30, 2018. A person who
13 violates section 3 of this chapter commits a Class C infraction.
14 However, the violation is a Class B infraction if the person has one (1)
15 prior unrelated judgment for a violation of section 3 of this chapter, and
16 a Class A infraction if the person has two (2) or more prior unrelated
17 judgments for a violation of section 3 of this chapter. These penalties
18 are in addition to any criminal penalties that may be imposed for
19 unlawful possession or distribution of a controlled substance.
 2026  IN 1275—LS 7040/DI 106