HB 1285

                                                            Introduced Version
           HOUSE BILL No. 1285
                 _____
               DIGEST OF INTRODUCED BILL
Citations Affected: IC 7.1-5-7; IC 9-24-18-2.2; IC 15-15-13;
IC 24-4-21; IC 34-30-2.1-71; IC 35-31.5-2; IC 35-46-1; IC 35-48-1.1;
IC 35-52-7.
Synopsis: Low THC hemp extract. Defines "hemp" as a cannabis plant
that contains not more than 0.3% total THC. Defines "low THC hemp
extract" as a substance that: (1) is derived from hemp; (2) does not
contain more than 0.3% total THC; (3) does not contain synthetic or
synthesized cannabinoids; (4) contains no other controlled substances;
and (5) is not sold in a container that contains more than 0.4 milligrams
of total THC. Provides that a person that manufactured low THC hemp
extract before January 1, 2026, may continue to manufacture the
product solely for out of state export. Prohibits the sale of products
containing THC to minors, and the purchase, possession, or transport
of products containing THC by minors. Makes conforming
amendments.
Effective: July 1, 2026.
         Bascom, Commons, King,
               Steuerwald
January 6, 2026, read first time and referred to Committee on Commerce, Small Business
and Economic Development.
2026  IN 1285—LS 6775/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
 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 2025 Regular Session of the General Assembly.
                   HOUSE BILL No. 1285
    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 7.1-5-7-5.1, AS AMENDED BY P.L.10-2010,
2 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2026]: Sec. 5.1. (a) A permittee in a criminal prosecution or
4 in a proceeding before the commission or a local board based upon a
5 charge of unlawfully furnishing an alcoholic beverage or a product
6 containing tetrahydrocannabinol to a minor may offer either or both
7 of the following proofs as a defense or defenses to the prosecution or
8 proceeding:
9(1) That:
10(A) the purchaser:
11(i) falsely represented the purchaser's age in a written
12statement, such as that prescribed by subsection (b),
13supported by two (2) forms of identification showing the
14purchaser to be at least twenty-one (21) years of age;
15(ii) produced a driver's license bearing the purchaser's
16photograph;
17(iii) produced a photographic identification card, issued
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1under IC 9-24-16-1 or a similar card, issued under the laws
2of another state or the federal government, showing that the
3purchaser was of legal age to make the purchase; or
4(iv) produced a government issued document bearing the
5purchaser's photograph and showing the purchaser to be at
6least twenty-one (21) years of age;
7(B) the appearance of the purchaser was such that an ordinary
8prudent person would believe the purchaser to be of legal age
9to make the purchase; and
10(C) the sale was made in good faith based upon the reasonable
11belief that the purchaser was actually of legal age to make the
12purchase.
13(2) That the permittee or the permittee's agent had taken all
14reasonable precautions in instructing the permittee's employees,
15in hiring the permittee's employees, and in supervising them as to
16sale of alcoholic beverages or products containing
17tetrahydrocannabinol to minors.
18     (b) The following written statement is sufficient for the purposes of
19 subsection (a)(1)(A)(i):
20REPRESENTATION AND STATEMENT
21OF AGE
22FOR PURCHASE OF ALCOHOLIC
23BEVERAGES OR PRODUCTS CONTAINING THC
24     I understand that misrepresentation of age to induce the sale,
25 service, or delivery of alcoholic beverages or products containing
26 tetrahydrocannabinol to me is cause for my arrest and prosecution,
27 which can result in punishment as follows:
28(1) Possible payment of a fine of up to $500.
29(2) Possible imprisonment for up to 60 days.
30(3) Possible loss or deferment of driver's license privileges for up
31to one year.
32(4) Possible requirement to participate in an alcohol education or
33treatment program.
34     Knowing the possible penalties for misstatement, I hereby
35 represent and state, for the purpose of inducing _______________
36(Name of licensee)
37 to sell, serve, or deliver alcoholic beverages or products containing
38 tetrahydrocannabinol to me, that I was born:
39 ________, ________, ______ and am ____ years of age.
40 (Month)        (Day)      (Year)
41 Date __________  Signed ____________________
42Address ___________________
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1__________________________
2 Other Identification  Signature of person
3 Presented:  who witnessed completion
4 Nonphoto driver's  of this statement
5 license: (number & state)  by patron:
6 ________________________  __________________________
7 Social Security Number
8 __________________________
9 Other _____________________
10 __________________________
11 __________________________
12     SECTION 2. IC 7.1-5-7-7, AS AMENDED BY P.L.159-2014,
13 SECTION 49, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
14 JULY 1, 2026]: Sec. 7. (a) Subject to IC 7.1-5-1-6.5, it is a Class C
15 misdemeanor for a minor to knowingly:
16(1) possess an alcoholic beverage or a product containing
17tetrahydrocannabinol;
18(2) consume an alcoholic beverage or a product containing
19tetrahydrocannabinol; or
20(3) transport an alcoholic beverage or a product containing
21tetrahydrocannabinol on a public highway when not
22accompanied by at least one (1) of the minor's parents or
23guardians.
24     (b) If a minor is found to have violated subsection (a)(2) or (a)(3)
25 while operating a vehicle, the court may order the minor's driving
26 privileges suspended for up to one (1) year. However, if the minor is
27 less than eighteen (18) years of age, the court shall order the minor's
28 driving privileges suspended for at least sixty (60) days.
29     (c) The court shall deliver any order suspending a minor's driving
30 privileges under this section to the bureau of motor vehicles, which
31 shall suspend the minor's driving privileges under IC 9-24-18-12.2 for
32 the period ordered by the court.
33     SECTION 3. IC 7.1-5-7-8, AS AMENDED BY P.L.32-2019,
34 SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
35 JULY 1, 2026]: Sec. 8. (a) It is a Class B misdemeanor for a person to
36 recklessly, knowingly, or intentionally sell, barter, exchange, provide,
37 or furnish an alcoholic beverage or a product containing
38 tetrahydrocannabinol to a minor.
39     (b) However, the offense described in subsection (a) is:
40(1) a Class A misdemeanor if the person has a prior unrelated
41conviction under this section; and
42(2) a Level 6 felony if the consumption, ingestion, or use of the
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1alcoholic beverage or product containing
2tetrahydrocannabinol is the proximate cause of the serious
3bodily injury or death of any person.
4     (c) A person who knowingly or intentionally:
5(1) rents property; or
6(2) provides or arranges for the use of property;
7 for the purpose of allowing or enabling a minor to consume an
8 alcoholic beverage or a product containing tetrahydrocannabinol
9 on the property commits a Class C infraction. However, the violation
10 is a Class B misdemeanor if the person has a prior unrelated
11 adjudication or conviction for a violation of this section within the
12 previous five (5) years.
13     (d) This section shall not be construed to impose civil liability upon
14 any postsecondary educational institution, including public and private
15 universities and colleges, business schools, vocational schools, and
16 schools for continuing education, or its agents for injury to any person
17 or property sustained in consequence of a violation of this section
18 unless the institution or its agent:
19(1) sells, barters, exchanges, provides, or furnishes an alcoholic
20beverage or a product containing tetrahydrocannabinol to a
21minor; or
22(2) either:
23(A) rents property; or
24(B) provides or arranges for the use of property;
25for the purpose of allowing or enabling a minor to consume an
26alcoholic beverage or a product containing
27tetrahydrocannabinol on the property.
28     SECTION 4. IC 9-24-18-12.2, AS ADDED BY P.L.159-2014,
29 SECTION 104, IS AMENDED TO READ AS FOLLOWS
30 [EFFECTIVE JULY 1, 2026]: Sec. 12.2. Upon receipt of a court order
31 under IC 7.1-5-7-7 (minor consuming or transporting alcohol or a
32 product containing tetrahydrocannabinol), the bureau shall suspend
33 the minor's driving privileges for the period ordered by the court. If the
34 court fails to recommend a fixed term of suspension, or recommends
35 a fixed term that is less than the minimum term required by statute, the
36 bureau shall impose the minimum period of suspension required under
37 IC 7.1-5-7.
38     SECTION 5. IC 15-15-13-6, AS AMENDED BY P.L.190-2019,
39 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
40 JULY 1, 2026]: Sec. 6. As used in this chapter, "hemp" means the plant
41 Cannabis sativa L. and any part of that plant, including the seeds
42 thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts,
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1 and salts of isomers, whether growing or not, with a
2 delta-9-tetrahydrocannabinol total tetrahydrocannabinol (THC)
3 concentration (including THCA) of not more than three-tenths of one
4 percent (0.3%) on a dry weight basis, for any part of the Cannabis
5 sativa L. plant.
6     SECTION 6. IC 15-15-13-6.5, AS AMENDED BY P.L.186-2025,
7 SECTION 104, IS AMENDED TO READ AS FOLLOWS
8 [EFFECTIVE JULY 1, 2026]: Sec. 6.5. As used in this chapter, "hemp
9 product" means a product derived from, or made by, processing hemp
10 plants or plant parts including derivatives, extracts, cannabinoids,
11 isomers, acids, salts, and salts of isomers. However, the term does not
12 include:
13(1) smokable hemp (as defined by IC 35-48-1.1-38); or
14(2) products that contain a total delta-9-tetrahydrocannabinol
15tetrahydrocannabinol (THC) concentration (including THCA)
16of more than three-tenths of one percent (0.3%) by weight.
17     SECTION 7. IC 15-15-13-6.7 IS ADDED TO THE INDIANA
18 CODE AS A NEW SECTION TO READ AS FOLLOWS
19 [EFFECTIVE JULY 1, 2026]: Sec. 6.7. As used in this chapter,
20 "pre-2026 hemp" means the plant Cannabis sativa L. and any part
21 of that plant, including the seeds thereof and all derivatives,
22 extracts, cannabinoids, isomers, acids, salts, and salts of isomers,
23 whether growing or not, with a delta-9-tetrahydrocannabinol
24 concentration of not more than three-tenths of one percent (0.3%)
25 on a dry weight basis, for any part of the Cannabis sativa L. plant.
26     SECTION 8. IC 15-15-13-7, AS AMENDED BY P.L.190-2019,
27 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
28 JULY 1, 2026]: Sec. 7. (a) Subject to section 15 of this chapter, the:
29(1) production of, possession of, scientific study of, and
30commerce in hemp; and
31(2) possession, processing, and scientific study of pre-2026
32hemp by a pre-2026 manufacturer (as defined in IC 24-4-21-1)
33in accordance with IC 24-4-21;
34 is authorized in Indiana. Hemp is subject to regulation by the state seed
35 commissioner. The state seed commissioner shall adopt rules to
36 oversee the licensing, production, and management of (1) hemp and (2)
37 agricultural hemp seed. The state seed commissioner may also adopt
38 rules to oversee a pre-2026 manufacturer. This section does not
39 authorize the growing or production of pre-2026 hemp.
40     (b) All growers and handlers must have a hemp license issued by
41 the state seed commissioner. Growers and handlers engaged in the
42 production of agricultural hemp seed must also have an agricultural
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1 hemp seed production license.
2     (c) An application for a hemp license or agricultural hemp seed
3 production license must include the following:
4(1) The name and address of the applicant.
5(2) The name and address of the hemp operation of the applicant.
6(3) The global positioning system coordinates and legal
7description of the property used for the hemp operation.
8(4) If the hemp license or agricultural hemp seed production
9license application is made by a grower, the acreage size of the
10field where the hemp will be grown.
11(5) A statement signed by the applicant, under penalty of perjury,
12that the person applying for the hemp license or agricultural hemp
13seed production license has not been convicted of a drug related
14felony or misdemeanor in the previous ten (10) years.
15(6) A written consent allowing the state police department to
16conduct a state or national criminal history background check.
17(7) A written consent allowing the state police department, the
18state seed commissioner, or the state seed commissioner's
19authorized representative, if a license is issued to the applicant, to
20conduct aerial inspections and to enter the premises on which the
21hemp is grown to conduct physical inspections of hemp planted
22and grown by the applicant, and to ensure the plants meet the
23definition of hemp as set forth in section 6 of this chapter.
24(8) A nonrefundable application fee, which must include the
25amount necessary to conduct a state or national criminal history
26background check, in an amount determined by the state seed
27commissioner.
28(9) Any other information required by the state seed
29commissioner.
30     SECTION 9. IC 15-15-13-9, AS AMENDED BY P.L.190-2019,
31 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
32 JULY 1, 2026]: Sec. 9. (a) An agricultural hemp seed production
33 license issued under this chapter authorizes a grower or handler to
34 produce and handle agricultural hemp seed for sale to licensed hemp
35 growers and handlers. A seller of agricultural hemp seed shall ensure
36 that the seed complies with any standards set by the state seed
37 commissioner. The state seed commissioner shall make available to
38 growers information that identifies sellers of agricultural hemp seed.
39     (b) A person who sells agricultural hemp seed to a grower must be
40 a seed distributor who has a permit under IC 15-15-1-34.
41     (c) All growers and handlers must keep records in accordance with
42 rules adopted by the state seed commissioner. Upon at least three (3)
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1 days notice, the state seed commissioner may audit the required records
2 during normal business hours. The state seed commissioner may
3 conduct an audit for the purpose of ensuring compliance with:
4(1) this chapter;
5(2) rules adopted by the state seed commissioner; or
6(3) hemp license or agricultural hemp seed production license
7requirements, terms, and conditions.
8     (d) In addition to an audit conducted in accordance with subsection
9 (c), the state seed commissioner may inspect independently, or in
10 cooperation with the state police department, a federal law enforcement
11 agency, or a local law enforcement agency, any hemp crop during the
12 crop's growth phase and take a representative composite sample for
13 fie l d a n a l ys i s . If a c r op c o n t a i n s a n a ve ra ge
14 delta-9-tetrahydrocannabinol total tetrahydrocannabinol (THC)
15 concentration (including THCA) exceeding three-tenths of one percent
16 (0.3%) on a dry weight basis, the state seed commissioner may detain,
17 seize, or embargo the crop.
18     (e) The state seed commissioner may revoke a license issued under
19 this chapter to a person that fails to cooperate with:
20(1) the state seed commissioner;
21(2) the state police;
22(3) a federal law enforcement agency; or
23(4) a local law enforcement agency;
24 in an inspection, or in the taking of a sample, under subsection (d).
25     (f) A failure to cooperate described in subsection (e) constitutes
26 probable cause for the state seed commissioner, state police, federal
27 law enforcement agency, or local law enforcement agency to search the
28 premises of the licensee's hemp operation.
29     (g) If the state police department, a federal law enforcement agency,
30 or a local law enforcement agency cooperates with the state seed
31 commissioner in the detention, seizure, or embargo of a crop under this
32 section:
33(1) the state police department, federal law enforcement agency,
34or local law enforcement agency; and
35(2) any officer or employee of the state police department, federal
36law enforcement agency, or local law enforcement agency who is
37involved in the detention, seizure, or embargo;
38 is immune from civil liability for the detention, seizure, or embargo.
39     (h) The state seed commissioner may order a hemp crop that is
40 detained, seized, or embargoed for noncompliance with this chapter to
41 be destroyed by the owner. However, except as prohibited by federal
42 law, the grower may appeal to the state seed commissioner for the
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1 hemp crop to be diverted to a willing licensed processor for processing
2 and sale for industrial use. A hemp crop that is detained, seized, or
3 embargoed may not be used for cannabidiol, other extracts, oil, food,
4 or cosmetic products that are used for humans or animals.
5    (i) A grower shall reimburse the state seed commissioner for the
6 cost of testing conducted on the grower's crop under this section.
7    SECTION 10. IC 15-15-13-12, AS AMENDED BY P.L.156-2020,
8 SECTION 63, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9 JULY 1, 2026]: Sec. 12. The state seed commissioner is responsible for
10 the following:
11(1) Monitoring the hemp grown by any license holder.
12(2) Conducting random testing of the hemp for compliance with
13tetrahydrocannabinol (THC) levels, including THCA. The state
14seed commissioner may enter into agreements with one (1) or
15more laboratories selected by the Indiana state police department
16to perform testing under this subdivision.
17(3) Establishing necessary testing criteria and protocols, including
18a procedure for testing, using post decarboxylation or other
19similarly reliable methods, for delta-9-tetrahydrocannabinol total
20tetrahydrocannabinol (THC) concentration levels, including
21THCA, of the hemp produced.
22(4) Establishing the minimum number of acres to be planted
23under each license issued under this chapter.
24(5) Regulating any propagative material of a hemp plant.
25    SECTION 11. IC 24-4-21-1, AS AMENDED BY P.L.186-2025,
26 SECTION 131, IS AMENDED TO READ AS FOLLOWS
27 [EFFECTIVE JULY 1, 2026]: Sec. 1. The following definitions apply
28 throughout this chapter:
29(1) "Certificate of analysis" means a certificate from an
30independent testing laboratory describing the results of the
31laboratory's testing of a sample.
32(2) "Independent testing laboratory" means a laboratory:
33(A) with respect to which no person having a direct or indirect
34interest in the laboratory also has a direct or indirect interest
35in a facility that:
36(i) processes, distributes, or sells low THC hemp extract, or
37a substantially similar substance in another jurisdiction;
38(ii) cultivates, processes, distributes, dispenses, or sells
39marijuana; or
40(iii) cultivates, processes, or distributes hemp; and
41(B) that is accredited as a testing laboratory to International
42Organization for Standardization (ISO) 17025 by a third party
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1accrediting body such as the American Association for
2Laboratory Accreditation (A2LA) or Assured Calibration and
3Laboratory Accreditation Select Services (ACLASS).
4(3) "Low THC hemp extract" has the meaning set forth in
5IC 35-48-1.1-27.
6(4) "Pre-2026 low THC hemp extract" means a substance or
7compound that:
8(A) is derived from or contains any part of the plant
9Cannabis sativa L. that meets the definition of hemp under
10IC 15-15-13-6;
11(B) contains not more than three-tenths percent (0.3%)
12total delta-9-tetrahydrocannabinol (THC), including
13precursors, by dry weight; and
14(C) contains no other controlled substances.
15The term does not include smokable hemp, or the harvested
16reproductive organ, whether immature or mature, of the
17female hemp plant.
18(5) "Pre-2026 manufacturer" means a person that:
19(A) manufactured or processed pre-2026 low THC hemp
20extract before January 1, 2026; and
21(B) has been in continuous operation as a manufacturer or
22processor since January 1, 2026.
23     SECTION 12. IC 24-4-21-3, AS AMENDED BY P.L.190-2019,
24 SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
25 JULY 1, 2026]: Sec. 3. A person may distribute low THC hemp extract
26 in Indiana only if the distributor has a certificate of analysis prepared
27 by an independent testing laboratory showing:
28(1) that the low THC hemp extract is the product of a batch tested
29by the independent testing laboratory;
30(2) that the independent testing laboratory determined that the
31batch contained not more than three-tenths percent (0.3%) total
32delta-9-tetrahydrocannabinol (THC), including precursors, by
33weight, meets the requirements of IC 35-48-1.1-27(a)(1)
34through IC 35-48-1.1-27(a)(4), based on the testing of a random
35sample of the batch; and
36(3) the cannabidiol percent present of the low THC hemp extract.
37     SECTION 13. IC 24-4-21-3.5 IS ADDED TO THE INDIANA
38 CODE AS A NEW SECTION TO READ AS FOLLOWS
39 [EFFECTIVE JULY 1, 2026]: Sec. 3.5. (a) This section applies only
40 to a pre-2026 manufacturer.
41     (b) A pre-2026 manufacturer may continue to manufacture or
42 process pre-2026 low THC hemp extract in Indiana under the same
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1 terms and conditions that applied to the manufacturer on
2 December 31, 2025.
3     (c) A pre-2026 manufacturer:
4(1) may distribute pre-2026 low THC hemp extract to a
5manufacturer, processor, distributor, or retailer in another
6jurisdiction, if receipt of pre-2026 low THC hemp extract by
7that person is lawful in that jurisdiction; and
8(2) may not distribute pre-2026 low THC hemp extract to any
9person in Indiana, unless the distribution is required by law,
10including for purposes of testing or analysis.
11     (d) A person may possess pre-2026 low THC hemp extract for
12 purposes authorized under subsection (c)(2).
13     (e) Nothing in this section authorizes a retailer to possess or sell
14 pre-2026 low THC hemp extract.
15     SECTION 14. IC 24-4-21-4, AS AMENDED BY THE
16 TECHNICAL CORRECTIONS BILL OF THE 2026 GENERAL
17 ASSEMBLY, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
18 JULY 1, 2026]: Sec. 4. (a) Except as provided in subsection (b), Low
19 THC hemp extract must be distributed in packaging that contains the
20 following information:
21(1) A scannable bar code or QR code linked to a document that
22contains information with respect to the manufacture of the low
23THC hemp extract, including the:
24(A) batch identification number;
25(B) product name;
26(C) batch date;
27(D) expiration date, which must be not more than two (2) years
28from the date of manufacture;
29(E) batch size;
30(F) total quantity produced;
31(G) ingredients used, including the:
32(i) ingredient name;
33(ii) name of the company that manufactured the ingredient;
34(iii) company or product identification number or code, if
35applicable; and
36(iv) ingredient lot number; and
37(H) download link for a certificate of analysis for the low THC
38hemp extract.
39(2) The batch number.
40(3) The Internet address of a web site website to obtain batch
41information.
42(4) The expiration date.
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1(5) The number of milligrams of low THC hemp extract.
2(6) The manufacturer.
3(7) The fact A statement that the product contains not more than
4three-tenths percent (0.3%) total delta-9-tetrahydrocannabinol
5(THC), including precursors, by weight. meets the requirements
6of IC 35-48-1.1-27.
7     (b) Before July 1, 2018, low THC hemp extract may be distributed
8 in Indiana without having met the requirements described in subsection
9 (a).
10     SECTION 15. IC 24-4-21-4.5 IS ADDED TO THE INDIANA
11 CODE AS A NEW SECTION TO READ AS FOLLOWS
12 [EFFECTIVE JULY 1, 2026]: Sec. 4.5. (a) This section applies only
13 to pre-2026 low THC hemp extract.
14     (b) Pre-2026 low THC hemp extract that is being transported
15 within Indiana for delivery to another jurisdiction must be
16 transported in a sealed container that is clearly and prominently
17 labeled with a notice stating: "This product may not be delivered
18 or sold to a person in Indiana".
19     (c) Pre-2026 low THC hemp extract must be distributed in
20 packaging that contains the following information:
21(1) A scannable bar code or QR code linked to a document
22that contains information with respect to the manufacture of
23the pre-2026 low THC hemp extract, including the:
24(A) batch identification number;
25(B) product name;
26(C) batch date;
27(D) expiration date, which must be not more than two (2)
28years from the date of manufacture;
29(E) batch size;
30(F) total quantity produced;
31(G) ingredients used, including the:
32(i) ingredient name;
33(ii) name of the company that manufactured the
34ingredient;
35(iii) company or product identification number or code,
36if applicable; and
37(iv) ingredient lot number; and
38(H) download link for a certificate of analysis for the
39pre-2026 low THC hemp extract.
40(2) The batch number.
41(3) The Internet address of a website to obtain batch
42information.
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1(4) The expiration date.
2(5) The number of milligrams of pre-2026 low THC hemp
3extract.
4(6) The manufacturer.
5(7) A statement that the product contains not more than
6three-tenths  percent  (0.3%)  total
7delta-9-tetrahydrocannabinol (THC), including precursors, by
8weight.
9     SECTION 16. IC 34-30-2.1-71, AS ADDED BY P.L.105-2022,
10 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
11 JULY 1, 2026]: Sec. 71. IC 7.1-5-7-8 (Concerning postsecondary
12 educational institutions for alcohol related injuries and or
13 tetrahydrocannabinol product related injuries).
14     SECTION 17. IC 35-31.5-2-58.5 IS ADDED TO THE INDIANA
15 CODE AS A NEW SECTION TO READ AS FOLLOWS
16 [EFFECTIVE JULY 1, 2026]: Sec. 58.5. "Consumable hemp
17 substance", for purposes of IC 35-48-1.1, has the meaning set forth
18 in IC 35-48-1.1-6.5.
19     SECTION 18. IC 35-31.5-2-61.5 IS ADDED TO THE INDIANA
20 CODE AS A NEW SECTION TO READ AS FOLLOWS
21 [EFFECTIVE JULY 1, 2026]: Sec. 61.5. "Container", for purposes
22 of IC 35-48-1.1, has the meaning set forth in IC 35-48-1.1-6.7.
23     SECTION 19. IC 35-46-1-8, AS AMENDED BY P.L.186-2025,
24 SECTION 242, IS AMENDED TO READ AS FOLLOWS
25 [EFFECTIVE JULY 1, 2026]: Sec. 8. (a) A person at least eighteen
26 (18) years of age who knowingly or intentionally encourages, aids,
27 induces, or causes a child to commit an act of delinquency (as defined
28 by IC 31-37-1 or IC 31-37-2) commits contributing to delinquency, a
29 Class A misdemeanor, except as provided in subsections (b) through
30 (e).
31     (b) If the delinquent act described in subsection (a) would be a
32 felony if committed by an adult, the offense described in subsection (a)
33 is a felony of the same level as the delinquent act would be if
34 committed by an adult.
35     (c) The offense described in subsection (a) is a Level 5 felony if:
36(1) the person committing the offense is at least twenty-one (21)
37years of age and knowingly or intentionally furnishes:
38(A) an alcoholic beverage or a product containing
39tetrahydrocannabinol to a child in violation of IC 7.1-5-7-8
40when the person committing the offense knew or reasonably
41should have known that the person furnished the alcoholic
42beverage was a child; or
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1(B) a controlled substance (as defined in IC 35-48-1.1-7) or a
2drug (as defined in IC 9-13-2-49.1) in violation of Indiana law;
3and
4(2) the consumption, ingestion, or use of the alcoholic beverage,
5controlled substance, or drug is the proximate cause of the death
6of any person.
7     (d) Except as provided in subsection (c), the offense described in
8 subsection (a) is a Level 6 felony if:
9(1) the person committing the offense is at least twenty-one (21)
10years of age;
11(2) the child who commits the delinquent act is less than sixteen
12(16) years of age; and
13(3) the act would be a misdemeanor if committed by an adult.
14     (e) If the person who commits the offense described in subsection
15 (a) is at least twenty-one (21) years of age, and the child who commits
16 the delinquent act is less than sixteen (16) years of age, the offense is:
17(1) a Level 5 felony if the delinquent act would be a Level 6
18felony if committed by an adult;
19(2) a Level 4 felony if the delinquent act would be a Level 5
20felony if committed by an adult;
21(3) a Level 3 felony if the delinquent act would be a Level 4
22felony if committed by an adult;
23(4) a Level 2 felony if the delinquent act would be a Level 3
24felony if committed by an adult;
25(5) a Level 1 felony if the delinquent act would be a Level 1 or 2
26felony if committed by an adult; or
27(6) punishable under IC 35-50-2-3(a) (penalty for murder) if the
28delinquent act would be murder if committed by an adult.
29     SECTION 20. IC 35-46-1-10.1, AS ADDED BY P.L.94-2008,
30 SECTION 61, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
31 JULY 1, 2026]: Sec. 10.1. (a) If a permit holder or an agent or
32 employee of a permit holder violates IC 7.1-5-7-8 on the licensed
33 premises, in addition to any other penalty, a civil judgment may be
34 imposed against the permit holder as follows:
35(1) If the licensed premises at that specific business location has
36not been issued a citation or summons for a violation of
37IC 7.1-5-7-8 in the previous one hundred eighty (180) days, a civil
38penalty of up to two hundred dollars ($200).
39(2) If the licensed premises at that specific business location has
40had one (1) citation or summons for a violation of IC 7.1-5-7-8 in
41the previous one hundred eighty (180) days, a civil penalty of up
42to four hundred dollars ($400).
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1(3) If the licensed premises at that specific business location has
2had two (2) citations or summonses for a violation of IC 7.1-5-7-8
3in the previous one hundred eighty (180) days, a civil penalty of
4up to seven hundred dollars ($700).
5(4) If the licensed premises at that specific business location has
6had three (3) or more citations or summonses for a violation of
7IC 7.1-5-7-8 in the previous one hundred eighty (180) days, a civil
8penalty of up to one thousand dollars ($1,000).
9     (b) The defenses set forth in IC 7.1-5-7-5.1 are available to a permit
10 holder in an action under this section.
11     (c) Unless a person less than twenty-one (21) years of age buys or
12 receives an alcoholic beverage under the direction of a law
13 enforcement officer as part of an enforcement action, a permit holder
14 that sells alcoholic beverages or a product containing
15 tetrahydrocannabinol is not liable under this section unless the
16 person less than twenty-one (21) years of age who bought or received
17 the alcoholic beverage or product containing tetrahydrocannabinol
18 is charged for violating IC 7.1-5-7-7.
19     (d) All civil penalties collected under this section shall be deposited
20 in the alcohol and tobacco commission's enforcement and
21 administration fund under IC 7.1-4-10.
22     SECTION 21. IC 35-48-1.1-6.5 IS ADDED TO THE INDIANA
23 CODE AS A NEW SECTION TO READ AS FOLLOWS
24 [EFFECTIVE JULY 1, 2026]: Sec. 6.5. "Consumable hemp
25 substance" means a substance derived from hemp that is intended
26 to be introduced into a person's body.
27     SECTION 22. IC 35-48-1.1-6.7 IS ADDED TO THE INDIANA
28 CODE AS A NEW SECTION TO READ AS FOLLOWS
29 [EFFECTIVE JULY 1, 2026]: Sec. 6.7. "Container" means the
30 innermost wrapping, packaging, vessel, or cartridge in direct
31 contact with a consumable hemp substance intended for retail sale
32 to a consumer. The term does not include bulk shipping containers
33 or outer wrappings that are not essential for the final retail
34 delivery to a consumer.
35     SECTION 23. IC 35-48-1.1-27, AS ADDED BY P.L.186-2025,
36 SECTION 249, IS AMENDED TO READ AS FOLLOWS
37 [EFFECTIVE JULY 1, 2026]: Sec. 27. (a) "Low THC hemp extract"
38 means a substance or compound that:
39(1) is derived from or contains any part of the plant Cannabis
40sativa L. that meets the definition of hemp under IC 15-15-13-6;
41(2) contains not more than three-tenths percent (0.3%), total
42delta-9-tetrahydrocannabinol in aggregate:
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1(A) total tetrahydrocannabinol (THC), including THCA
2and any other precursors; and
3(B) any other cannabinoids that have similar effects (or are
4marketed to have similar effects) on humans or animals as
5THC;
6by dry weight; and
7(3) does not contain a cannabinoid:
8(A) that is not capable of being naturally produced by the
9Cannabis sativa L. plant; or
10(B) that:
11(i) is capable of being naturally produced by the
12Cannabis sativa L. plant; and
13(ii) was synthesized or manufactured outside the plant;
14(3) (4) contains no other controlled substances; and
15(5) is not sold or delivered in a container that contains, in
16aggregate, more than four-tenths (0.4) of a milligram of:
17(A) total tetrahydrocannabinol (THC), including THCA
18and any other precursors; and
19(B) any other cannabinoids that have similar effects (or are
20marketed to have similar effects) on humans or animals as
21THC.
22     (b) The term does not include:
23(1) the harvested reproductive organ, whether immature or
24mature, of the female hemp plant; or
25(2) smokable hemp.
26     SECTION 24. IC 35-48-1.1-38, AS ADDED BY P.L.186-2025,
27 SECTION 249, IS AMENDED TO READ AS FOLLOWS
28 [EFFECTIVE JULY 1, 2026]: Sec. 38. (a) Except as provided in
29 subsection (b), "smokable hemp" means a product containing not more
30 than three-tenths percent (0.3%) delta-9-tetrahydrocannabinol total
31 tetrahydrocannabinol (THC), including THCA and any other
32 precursors and derivatives of THC, in a form that allows THC to be
33 introduced into the human body by inhalation of smoke. The term
34 includes:
35(1) hemp bud; and
36(2) hemp flower.
37     (b) The term does not include:
38(1) a hemp plant that is; or
39(2) parts of a hemp plant that are;
40 grown or handled by a licensee for processing or manufacturing into a
41 legal hemp product.
42     SECTION 25. IC 35-52-7-39, AS ADDED BY P.L.169-2014,
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1 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2 JULY 1, 2026]: Sec. 39. IC 7.1-5-7-7 defines a crime concerning
3 alcohol and products containing tetrahydrocannabinol.
4    SECTION 26. IC 35-52-7-40, AS ADDED BY P.L.169-2014,
5 SECTION 2, IS AMENDED TO READ AS FOLLOWS: Sec. 40.
6 IC 7.1-5-7-8 defines a crime concerning alcohol and products
7 containing tetrahydrocannabinol.
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