HB 1346

                                                            Introduced Version
           HOUSE BILL No. 1346
                 _____
               DIGEST OF INTRODUCED BILL
Citations Affected:  IC 15-15-13; IC 24-4-21; IC 35-31.5-2;
IC 35-48-1.1.
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. Makes conforming amendments.
Effective: July 1, 2026.
                                 Slager
January 6, 2026, read first time and referred to Committee on Commerce, Small Business
and Economic Development.
2026  IN 1346—LS 6586/DI 107
                                                                                       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. 1346
    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 15-15-13-6, AS AMENDED BY P.L.190-2019,
2 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2026]: Sec. 6. As used in this chapter, "hemp" means the plant
4 Cannabis sativa L. and any part of that plant, including the seeds
5 thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts,
6 and salts of isomers, whether growing or not, with a
7 delta-9-tetrahydrocannabinol total tetrahydrocannabinol (THC)
8 concentration (including THCA) of not more than three-tenths of one
9 percent (0.3%) on a dry weight basis, for any part of the Cannabis
10 sativa L. plant.
11    SECTION 2. IC 15-15-13-6.5, AS AMENDED BY P.L.186-2025,
12 SECTION 104, IS AMENDED TO READ AS FOLLOWS
13 [EFFECTIVE JULY 1, 2026]: Sec. 6.5. As used in this chapter, "hemp
14 product" means a product derived from, or made by, processing hemp
15 plants or plant parts including derivatives, extracts, cannabinoids,
16 isomers, acids, salts, and salts of isomers. However, the term does not
17 include:
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1(1) smokable hemp (as defined by IC 35-48-1.1-38); or
2(2) products that contain a total delta-9-tetrahydrocannabinol
3tetrahydrocannabinol (THC) concentration (including THCA)
4of more than three-tenths of one percent (0.3%) by weight.
5     SECTION 3. IC 15-15-13-9, AS AMENDED BY P.L.190-2019,
6 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7 JULY 1, 2026]: Sec. 9. (a) An agricultural hemp seed production
8 license issued under this chapter authorizes a grower or handler to
9 produce and handle agricultural hemp seed for sale to licensed hemp
10 growers and handlers. A seller of agricultural hemp seed shall ensure
11 that the seed complies with any standards set by the state seed
12 commissioner. The state seed commissioner shall make available to
13 growers information that identifies sellers of agricultural hemp seed.
14     (b) A person who sells agricultural hemp seed to a grower must be
15 a seed distributor who has a permit under IC 15-15-1-34.
16     (c) All growers and handlers must keep records in accordance with
17 rules adopted by the state seed commissioner. Upon at least three (3)
18 days notice, the state seed commissioner may audit the required records
19 during normal business hours. The state seed commissioner may
20 conduct an audit for the purpose of ensuring compliance with:
21(1) this chapter;
22(2) rules adopted by the state seed commissioner; or
23(3) hemp license or agricultural hemp seed production license
24requirements, terms, and conditions.
25     (d) In addition to an audit conducted in accordance with subsection
26 (c), the state seed commissioner may inspect independently, or in
27 cooperation with the state police department, a federal law enforcement
28 agency, or a local law enforcement agency, any hemp crop during the
29 crop's growth phase and take a representative composite sample for
30 fie l d a n a l ys i s . If a c r o p c o n t a i n s a n a ve ra ge
31 delta-9-tetrahydrocannabinol total tetrahydrocannabinol (THC)
32 concentration (including THCA) exceeding three-tenths of one percent
33 (0.3%) on a dry weight basis, the state seed commissioner may detain,
34 seize, or embargo the crop.
35     (e) The state seed commissioner may revoke a license issued under
36 this chapter to a person that fails to cooperate with:
37(1) the state seed commissioner;
38(2) the state police;
39(3) a federal law enforcement agency; or
40(4) a local law enforcement agency;
41 in an inspection, or in the taking of a sample, under subsection (d).
42     (f) A failure to cooperate described in subsection (e) constitutes
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1 probable cause for the state seed commissioner, state police, federal
2 law enforcement agency, or local law enforcement agency to search the
3 premises of the licensee's hemp operation.
4     (g) If the state police department, a federal law enforcement agency,
5 or a local law enforcement agency cooperates with the state seed
6 commissioner in the detention, seizure, or embargo of a crop under this
7 section:
8(1) the state police department, federal law enforcement agency,
9or local law enforcement agency; and
10(2) any officer or employee of the state police department, federal
11law enforcement agency, or local law enforcement agency who is
12involved in the detention, seizure, or embargo;
13 is immune from civil liability for the detention, seizure, or embargo.
14     (h) The state seed commissioner may order a hemp crop that is
15 detained, seized, or embargoed for noncompliance with this chapter to
16 be destroyed by the owner. However, except as prohibited by federal
17 law, the grower may appeal to the state seed commissioner for the
18 hemp crop to be diverted to a willing licensed processor for processing
19 and sale for industrial use. A hemp crop that is detained, seized, or
20 embargoed may not be used for cannabidiol, other extracts, oil, food,
21 or cosmetic products that are used for humans or animals.
22     (i) A grower shall reimburse the state seed commissioner for the
23 cost of testing conducted on the grower's crop under this section.
24     SECTION 4. IC 15-15-13-12, AS AMENDED BY P.L.156-2020,
25 SECTION 63, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
26 JULY 1, 2026]: Sec. 12. The state seed commissioner is responsible for
27 the following:
28(1) Monitoring the hemp grown by any license holder.
29(2) Conducting random testing of the hemp for compliance with
30tetrahydrocannabinol (THC) levels. The state seed commissioner
31may enter into agreements with one (1) or more laboratories
32selected by the Indiana state police department to perform testing
33under this subdivision.
34(3) Establishing necessary testing criteria and protocols, including
35a procedure for testing, using post decarboxylation or other
36similarly reliable methods, for delta-9-tetrahydrocannabinol total
37tetrahydrocannabinol (THC) concentration levels, including
38THCA, of the hemp produced.
39(4) Establishing the minimum number of acres to be planted
40under each license issued under this chapter.
41(5) Regulating any propagative material of a hemp plant.
42     SECTION 5. IC 24-4-21-3, AS AMENDED BY P.L.190-2019,
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1 SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2 JULY 1, 2026]: Sec. 3. A person may distribute low THC hemp extract
3 in Indiana only if the distributor has a certificate of analysis prepared
4 by an independent testing laboratory showing:
5      (1) that the low THC hemp extract is the product of a batch tested
6      by the independent testing laboratory;
7      (2) that the independent testing laboratory determined that the
8      batch contained not more than three-tenths percent (0.3%) total
9      delta-9-tetrahydrocannabinol (THC), including precursors, by
10      weight, meets the requirements of IC 35-48-1.1-27(a)(1)
11      through IC 35-48-1.1-27(a)(4), based on the testing of a random
12      sample of the batch; and
13      (3) the cannabidiol percent present of the low THC hemp extract.
14     SECTION 6. IC 24-4-21-4, AS AMENDED BY THE TECHNICAL
15 CORRECTIONS BILL OF THE 2026 GENERAL ASSEMBLY, IS
16 AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2026]:
17 Sec. 4. (a) Except as provided in subsection (b), Low THC hemp
18 extract must be distributed in packaging that contains the following
19 information:
20      (1) A scannable bar code or QR code linked to a document that
21      contains information with respect to the manufacture of the low
22      THC hemp extract, including the:
23(A) batch identification number;
24(B) product name;
25(C) batch date;
26(D) expiration date, which must be not more than two (2) years
27from the date of manufacture;
28(E) batch size;
29(F) total quantity produced;
30(G) ingredients used, including the:
31(i) ingredient name;
32(ii) name of the company that manufactured the ingredient;
33(iii) company or product identification number or code, if
34applicable; and
35(iv) ingredient lot number; and
36(H) download link for a certificate of analysis for the low THC
37hemp extract.
38      (2) The batch number.
39      (3) The Internet address of a web site website to obtain batch
40      information.
41      (4) The expiration date.
42      (5) The number of milligrams of low THC hemp extract.
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1(6) The manufacturer.
2(7) The fact A statement that the product contains not more than
3three-tenths percent (0.3%) total delta-9-tetrahydrocannabinol
4(THC), including precursors, by weight. meets the requirements
5of IC 35-48-1.1-27.
6     (b) Before July 1, 2018, low THC hemp extract may be distributed
7 in Indiana without having met the requirements described in subsection
8 (a).
9     SECTION 7. IC 35-31.5-2-58.5 IS ADDED TO THE INDIANA
10 CODE AS A NEW SECTION TO READ AS FOLLOWS
11 [EFFECTIVE JULY 1, 2026]: Sec. 58.5. "Consumable hemp
12 substance", for purposes of IC 35-48-1.1, has the meaning set forth
13 in IC 35-48-1.1-6.5.
14     SECTION 8. IC 35-31.5-2-61.5 IS ADDED TO THE INDIANA
15 CODE AS A NEW SECTION TO READ AS FOLLOWS
16 [EFFECTIVE JULY 1, 2026]: Sec. 61.5. "Container", for purposes
17 of IC 35-48-1.1, has the meaning set forth in IC 35-48-1.1-6.7.
18     SECTION 9. IC 35-48-1.1-6.5 IS ADDED TO THE INDIANA
19 CODE AS A NEW SECTION TO READ AS FOLLOWS
20 [EFFECTIVE JULY 1, 2026]: Sec. 6.5. "Consumable hemp
21 substance" means a substance derived from hemp that is intended
22 to be introduced into a person's body.
23     SECTION 10. IC 35-48-1.1-6.7 IS ADDED TO THE INDIANA
24 CODE AS A NEW SECTION TO READ AS FOLLOWS
25 [EFFECTIVE JULY 1, 2026]: Sec. 6.7. "Container" means the
26 innermost wrapping, packaging, vessel, or cartridge in direct
27 contact with a consumable hemp substance intended for retail sale
28 to a consumer. The term does not include bulk shipping containers
29 or outer wrappings that are not essential for the final retail
30 delivery to a consumer.
31     SECTION 11. IC 35-48-1.1-27, AS ADDED BY P.L.186-2025,
32 SECTION 249, IS AMENDED TO READ AS FOLLOWS
33 [EFFECTIVE JULY 1, 2026]: Sec. 27. (a) "Low THC hemp extract"
34 means a substance or compound that:
35(1) is derived from or contains any part of the plant Cannabis
36sativa L. that meets the definition of hemp under IC 15-15-13-6;
37(2) contains not more than three-tenths percent (0.3%), total
38delta-9-tetrahydrocannabinol in aggregate:
39(A) total tetrahydrocannabinol (THC), including THCA
40and any other precursors; and
41(B) any other cannabinoids that have similar effects (or are
42marketed to have similar effects) on humans or animals as
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1THC;
2by dry weight; and
3(3) does not contain a cannabinoid:
4(A) that is not capable of being naturally produced by the
5Cannabis sativa L. plant; or
6(B) that:
7(i) is capable of being naturally produced by the
8Cannabis sativa L. plant; and
9(ii) was synthesized or manufactured outside the plant;
10(3) (4) contains no other controlled substances; and
11(5) is not sold or delivered in a container that contains, in
12aggregate, more than four-tenths (0.4) of a milligram of:
13(A) total tetrahydrocannabinol (THC), including THCA
14and any other precursors; and
15(B) any other cannabinoids that have similar effects (or are
16marketed to have similar effects) on humans or animals as
17THC.
18     (b) The term does not include:
19(1) the harvested reproductive organ, whether immature or
20mature, of the female hemp plant; or
21(2) smokable hemp.
22     SECTION 12. IC 35-48-1.1-38, AS ADDED BY P.L.186-2025,
23 SECTION 249, IS AMENDED TO READ AS FOLLOWS
24 [EFFECTIVE JULY 1, 2026]: Sec. 38. (a) Except as provided in
25 subsection (b), "smokable hemp" means a product containing not more
26 than three-tenths percent (0.3%) delta-9-tetrahydrocannabinol total
27 tetrahydrocannabinol (THC), including THCA and any other
28 precursors and derivatives of THC, in a form that allows THC to be
29 introduced into the human body by inhalation of smoke. The term
30 includes:
31(1) hemp bud; and
32(2) hemp flower.
33     (b) The term does not include:
34(1) a hemp plant that is; or
35(2) parts of a hemp plant that are;
36 grown or handled by a licensee for processing or manufacturing into a
37 legal hemp product.
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