SB 250

                                                *ES0250.1*
                                                              February 19, 2026
               ENGROSSED
            SENATE BILL No. 250
                  _____
   DIGEST OF SB 250 (Updated February 18, 2026 3:04 pm - DI 106)
Citations Affected: IC 7.1-1; IC 7.1-5; IC 15-15; IC 16-31; IC 22-15;
IC 24-4; IC 25-1; IC 34-30; IC 35-31.5; IC 35-46; IC 35-48; IC 35-52.
Synopsis: Regulation of hemp. Defines "hemp" and "hemp derived
cannabinoid product" in a manner consistent with the federal law that
becomes effective in November 2026, and establishes a regulatory
framework for the production and sale of these products. Prohibits the
sale of a product containing THC to a minor. Allows the continued sale
of certain hemp products exclusively to out of state manufacturers,
processors, distributors, and retailers, if certain conditions are met.
Effective: July 1, 2026; November 12, 2026.
   Freeman, Carrasco, Doriot, Koch,
Byrne, Baldwin, Young M, Clark,
            Leising
           (HOUSE SPONSORS — BASCOM, ZIMMERMAN)
   January 8, 2026, read first time and referred to Committee on Commerce and Technology.
   January 15, 2026, amended, reported favorably — Do Pass; reassigned to Committee on
Appropriations.
   January 22, 2026, amended, reported favorably — Do Pass.
   January 26, 2026, read second time, ordered engrossed. Engrossed.
   January 28, 2026, read third time, passed. Yeas 35, nays 13.
                                  HOUSE ACTION
   February 2, 2026, read first time and referred to Committee on Courts and Criminal Code.
   February 19, 2026, amended, reported — Do Pass.
ES 250—LS 7117/DI 107
                                                                           February 19, 2026
            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.
                      ENGROSSED
                   SENATE BILL No. 250
    A BILL FOR AN ACT to amend the Indiana Code concerning
 criminal law and procedure and to make an appropriation.
     Be it enacted by the General Assembly of the State of Indiana:
1    SECTION 1. IC 7.1-1-3-46.5 IS ADDED TO THE INDIANA
2 CODE AS A NEW SECTION TO READ AS FOLLOWS
3 [EFFECTIVE JULY 1, 2026]: Sec. 46.5. "THC" means
4 tetrahydrocannabinol, including hemp derived cannabinoid
5 products, synthetic equivalents of the substances contained in the
6 plant or in the resinous extractives of Cannabis, and synthetic
7 substances, derivates, and their isomers with a similar chemical
8 structure and pharmacological activity.
9    SECTION 2. IC 7.1-5-7-0.5 IS ADDED TO THE INDIANA CODE
10 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
11 1, 2026]: Sec. 0.5. This chapter does not apply to a substance that
12 meets all of the following requirements:
13      (1) The substance contains cannabidiol or cannabigerol.
14      (2) The substance does not contain THC or any other
15      cannabinoids.
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1(3) The substance does not contain alcohol or any other
2controlled substances.
3    SECTION 3. IC 7.1-5-7-7, AS AMENDED BY P.L.159-2014,
4 SECTION 49, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5 JULY 1, 2026]: Sec. 7. (a) Subject to IC 7.1-5-1-6.5, it is a Class C
6 misdemeanor for a minor to knowingly:
7(1) possess an alcoholic beverage or a product containing THC;
8(2) consume an alcoholic beverage or a product containing
9THC; or
10(3) transport an alcoholic beverage or a product containing
11THC on a public highway when not accompanied by at least one
12(1) of the minor's parents or guardians.
13    (b) If a minor is found to have violated subsection (a)(2) or (a)(3)
14 while operating a vehicle, the court may order the minor's driving
15 privileges suspended for up to one (1) year. However, if the minor is
16 less than eighteen (18) years of age, the court shall order the minor's
17 driving privileges suspended for at least sixty (60) days.
18    (c) The court shall deliver any order suspending a minor's driving
19 privileges under this section to the bureau of motor vehicles, which
20 shall suspend the minor's driving privileges under IC 9-24-18-12.2 for
21 the period ordered by the court.
22    SECTION 4. IC 7.1-5-7-8, AS AMENDED BY P.L.32-2019,
23 SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
24 JULY 1, 2026]: Sec. 8. (a) It is a Class B misdemeanor for a person to
25 recklessly, knowingly, or intentionally sell, barter, exchange, provide,
26 or furnish an alcoholic beverage or a product containing THC to a
27 minor.
28    (b) However, the offense described in subsection (a) is:
29(1) a Class A misdemeanor if the person has a prior unrelated
30conviction under this section; and
31(2) a Level 6 felony if the consumption, ingestion, or use of the
32alcoholic beverage or product containing THC is the proximate
33cause of the serious bodily injury or death of any person.
34    (c) A person who knowingly or intentionally:
35(1) rents property; or
36(2) provides or arranges for the use of property;
37 for the purpose of allowing or enabling a minor to consume an
38 alcoholic beverage or a product containing THC on the property
39 commits a Class C infraction. However, the violation is a Class B
40 misdemeanor if the person has a prior unrelated adjudication or
41 conviction for a violation of this section within the previous five (5)
42 years.
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1     (d) This section shall not be construed to impose civil liability upon
2 any postsecondary educational institution, including public and private
3 universities and colleges, business schools, vocational schools, and
4 schools for continuing education, or its agents for injury to any person
5 or property sustained in consequence of a violation of this section
6 unless the institution or its agent:
7(1) sells, barters, exchanges, provides, or furnishes an alcoholic
8beverage or a product containing THC to a minor; or
9(2) either:
10(A) rents property; or
11(B) provides or arranges for the use of property;
12for the purpose of allowing or enabling a minor to consume an
13alcoholic beverage or a product containing THC on the
14property.
15     SECTION 5. IC 7.1-5-7-15 IS AMENDED TO READ AS
16 FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 15. A person
17 twenty-one (21) years of age or older who knowingly or intentionally
18 encourages, aids, or induces a minor to unlawfully possess an alcoholic
19 beverage or a product containing THC commits a Class C infraction.
20     SECTION 6. IC 7.1-5-7-16, AS AMENDED BY P.L.216-2011,
21 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
22 JULY 1, 2026]: Sec. 16. The commission shall conduct random
23 unannounced inspections at locations where alcoholic beverages or
24 products containing THC are sold or distributed to ensure compliance
25 with this title. Only the commission may conduct the random
26 unannounced inspections. The commission may use retired or off duty
27 law enforcement officers to conduct inspections under this section.
28     SECTION 7. IC 7.1-5-7-18 IS ADDED TO THE INDIANA CODE
29 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
30 1, 2026]: Sec. 18. (a) A law enforcement officer vested with full
31 police powers and duties may engage an individual who is:
32(1) at least sixteen (16) years of age; and
33(2) less than twenty-one (21) years of age;
34 to receive or purchase a product that contains any amount of THC
35 as part of an enforcement action.
36     (b) The initial or contemporaneous receipt or purchase of a
37 product that contains any amount of THC must:
38(1) occur under the direction of a law enforcement officer
39vested with full police powers and duties; and
40(2) be a part of the enforcement action.
41     SECTION 8. IC 15-15-13-6, AS AMENDED BY P.L.190-2019,
42 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
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1 NOVEMBER 12, 2026]: Sec. 6. As used in this chapter, "hemp" means
2 the plant Cannabis sativa L. and any part of that plant, including the
3 seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids,
4 salts, and salts of isomers, whether growing or not, with a
5 delta-9-tetrahydrocannabinol concentration of not more than
6 three-tenths of one percent (0.3%) on a dry weight basis, for any part
7 of the Cannabis sativa L. plant. has the meaning set forth in
8 IC 35-48-8-3.
9     SECTION 9. IC 15-15-13-6.5, AS AMENDED BY P.L.186-2025,
10 SECTION 104, IS AMENDED TO READ AS FOLLOWS
11 [EFFECTIVE NOVEMBER 12, 2026]: Sec. 6.5. As used in this
12 chapter, "hemp product" means a product derived from, or made by,
13 processing hemp plants or plant parts including derivatives, extracts,
14 cannabinoids, isomers, acids, salts, and salts of isomers. However, the
15 term does not include:
16(1) smokable hemp (as defined by IC 35-48-1.1-38); or
17(2) products that contain a total delta-9-tetrahydrocannabinol
18tetrahydrocannabinol (THC) concentration of more than
19three-tenths of one percent (0.3%) by weight.
20     SECTION 10. IC 15-15-13-9, AS AMENDED BY P.L.190-2019,
21 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
22 NOVEMBER 12, 2026]: Sec. 9. (a) An agricultural hemp seed
23 production license issued under this chapter authorizes a grower or
24 handler to produce and handle agricultural hemp seed for sale to
25 licensed hemp growers and handlers. A seller of agricultural hemp seed
26 shall ensure that the seed complies with any standards set by the state
27 seed commissioner. The state seed commissioner shall make available
28 to growers information that identifies sellers of agricultural hemp seed.
29     (b) A person who sells agricultural hemp seed to a grower must be
30 a seed distributor who has a permit under IC 15-15-1-34.
31     (c) All growers and handlers must keep records in accordance with
32 rules adopted by the state seed commissioner. Upon at least three (3)
33 days notice, the state seed commissioner may audit the required records
34 during normal business hours. The state seed commissioner may
35 conduct an audit for the purpose of ensuring compliance with:
36(1) this chapter;
37(2) rules adopted by the state seed commissioner; or
38(3) hemp license or agricultural hemp seed production license
39requirements, terms, and conditions.
40     (d) In addition to an audit conducted in accordance with subsection
41 (c), the state seed commissioner may inspect independently, or in
42 cooperation with the state police department, a federal law enforcement
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1 agency, or a local law enforcement agency, any hemp crop during the
2 crop's growth phase and take a representative composite sample for
3 f i e 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 r a ge
4 delta-9-tetrahydrocannabinol (THC) total tetrahydrocannabinol
5 (THC) concentration exceeding three-tenths of one percent (0.3%) on
6 a dry weight basis, the state seed commissioner may detain, seize, or
7 embargo the crop.
8      (e) The state seed commissioner may revoke a license issued under
9 this chapter to a person that fails to cooperate with:
10(1) the state seed commissioner;
11(2) the state police;
12(3) a federal law enforcement agency; or
13(4) a local law enforcement agency;
14 in an inspection, or in the taking of a sample, under subsection (d).
15      (f) A failure to cooperate described in subsection (e) constitutes
16 probable cause for the state seed commissioner, state police, federal
17 law enforcement agency, or local law enforcement agency to search the
18 premises of the licensee's hemp operation.
19      (g) If the state police department, a federal law enforcement agency,
20 or a local law enforcement agency cooperates with the state seed
21 commissioner in the detention, seizure, or embargo of a crop under this
22 section:
23(1) the state police department, federal law enforcement agency,
24or local law enforcement agency; and
25(2) any officer or employee of the state police department, federal
26law enforcement agency, or local law enforcement agency who is
27involved in the detention, seizure, or embargo;
28 is immune from civil liability for the detention, seizure, or embargo.
29      (h) The state seed commissioner may order a hemp crop that is
30 detained, seized, or embargoed for noncompliance with this chapter to
31 be destroyed by the owner. However, except as prohibited by federal
32 law, the grower may appeal to the state seed commissioner for the
33 hemp crop to be diverted to a willing licensed processor for processing
34 and sale for industrial use. A hemp crop that is detained, seized, or
35 embargoed may not be used for cannabidiol, other extracts, oil, food,
36 or cosmetic products that are used for humans or animals.
37      (i) A grower shall reimburse the state seed commissioner for the
38 cost of testing conducted on the grower's crop under this section.
39      SECTION 11. IC 15-15-13-12, AS AMENDED BY P.L.156-2020,
40 SECTION 63, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
41 NOVEMBER 12, 2026]: Sec. 12. The state seed commissioner is
42 responsible for the following:
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1(1) Monitoring the hemp grown by any license holder.
2(2) Conducting random testing of the hemp for compliance with
3tetrahydrocannabinol (THC) levels. The state seed commissioner
4may enter into agreements with one (1) or more laboratories
5selected by the Indiana state police department to perform testing
6under this subdivision.
7(3) Establishing necessary testing criteria and protocols, including
8a procedure for testing, using post decarboxylation or other
9similarly reliable methods, for delta-9-tetrahydrocannabinol total
10tetrahydrocannabinol (THC) concentration levels of the hemp
11produced.
12(4) Establishing the minimum number of acres to be planted
13under each license issued under this chapter.
14(5) Regulating any propagative material of a hemp plant.
15    SECTION 12. IC 16-31-3-14, AS AMENDED BY P.L.186-2025,
16 SECTION 109, IS AMENDED TO READ AS FOLLOWS
17 [EFFECTIVE NOVEMBER 12, 2026]: Sec. 14. (a) A person holding
18 a certificate or license issued under this article must comply with the
19 applicable standards and rules established under this article. A
20 certificate holder or license holder is subject to disciplinary sanctions
21 under subsection (b) if the department of homeland security determines
22 that the certificate holder or license holder:
23(1) engaged in or knowingly cooperated in fraud or material
24deception in order to obtain a certificate or license, including
25cheating on a certification or licensure examination;
26(2) engaged in fraud or material deception in the course of
27professional services or activities;
28(3) advertised services or goods in a false or misleading manner;
29(4) falsified or knowingly allowed another person to falsify
30attendance records or certificates of completion of continuing
31education courses required under this article or rules adopted
32under this article;
33(5) is convicted of a crime, if the act that resulted in the
34conviction has a direct bearing on determining if the certificate
35holder or license holder should be entrusted to provide emergency
36medical services;
37(6) is convicted of violating IC 9-19-14.5;
38(7) fails to comply and maintain compliance with or violates any
39applicable provision, standard, or other requirement of this article
40or rules adopted under this article;
41(8) continues to practice if the certificate holder or license holder
42becomes unfit to practice due to:
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1(A) professional incompetence that includes the undertaking
2of professional activities that the certificate holder or license
3holder is not qualified by training or experience to undertake;
4(B) failure to keep abreast of current professional theory or
5practice;
6(C) physical or mental disability; or
7(D) addiction to, abuse of, or dependency on alcohol or other
8drugs that endanger the public by impairing the certificate
9holder's or license holder's ability to practice safely;
10      (9) engages in a course of lewd or immoral conduct in connection
11      with the delivery of services to the public;
12      (10) allows the certificate holder's or license holder's name or a
13      certificate or license issued under this article to be used in
14      connection with a person who renders services beyond the scope
15      of that person's training, experience, or competence;
16      (11) is subjected to disciplinary action in another state or
17      jurisdiction on grounds similar to those contained in this chapter.
18      For purposes of this subdivision, a certified copy of a record of
19      disciplinary action constitutes prima facie evidence of a
20      disciplinary action in another jurisdiction;
21      (12) assists another person in committing an act that would
22      constitute a ground for disciplinary sanction under this chapter;
23      (13) allows a certificate or license issued by the commission to
24      be:
25(A) used by another person; or
26(B) displayed to the public when the certificate or license is
27expired, inactive, invalid, revoked, or suspended; or
28      (14) fails to notify the department in writing of any misdemeanor
29      or felony criminal conviction, except traffic related misdemeanors
30      other than operating a motor vehicle under the influence of a drug
31      or alcohol, within ninety (90) days after the entry of an order or
32      judgment. A certified copy of the order or judgment with a letter
33      of explanation must be submitted to the department along with the
34      written notice.
35    (b) The department of homeland security may issue an order under
36 IC 4-21.5-3-6 to impose one (1) or more of the following sanctions if
37 the department of homeland security determines that a certificate
38 holder or license holder is subject to disciplinary sanctions under
39 subsection (a):
40      (1) Revocation of a certificate holder's certificate or license
41      holder's license for a period not to exceed seven (7) years.
42      (2) Suspension of a certificate holder's certificate or license
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1holder's license for a period not to exceed seven (7) years.
2(3) Censure of a certificate holder or license holder.
3(4) Issuance of a letter of reprimand.
4(5) Assessment of a civil penalty against the certificate holder or
5license holder in accordance with the following:
6(A) The civil penalty may not exceed five hundred dollars
7($500) per day per violation.
8(B) If the certificate holder or license holder fails to pay the
9civil penalty within the time specified by the department of
10homeland security, the department of homeland security may
11suspend the certificate holder's certificate or license holder's
12license without additional proceedings.
13(6) Placement of a certificate holder or license holder on
14probation status and requirement of the certificate holder or
15license holder to:
16(A) report regularly to the department of homeland security
17upon the matters that are the basis of probation;
18(B) limit practice to those areas prescribed by the department
19of homeland security;
20(C) continue or renew professional education approved by the
21department of homeland security until a satisfactory degree of
22skill has been attained in those areas that are the basis of the
23probation; or
24(D) perform or refrain from performing any acts, including
25community restitution or service without compensation, that
26the department of homeland security considers appropriate to
27the public interest or to the rehabilitation or treatment of the
28certificate holder or license holder.
29The department of homeland security may withdraw or modify
30this probation if the department of homeland security finds after
31a hearing that the deficiency that required disciplinary action is
32remedied or that changed circumstances warrant a modification
33of the order.
34     (c) If an applicant or a certificate holder or license holder has
35 engaged in or knowingly cooperated in fraud or material deception to
36 obtain a certificate or license, including cheating on the certification or
37 licensure examination, the department of homeland security may
38 rescind the certificate or license if it has been granted, void the
39 examination or other fraudulent or deceptive material, and prohibit the
40 applicant from reapplying for the certificate or license for a length of
41 time established by the department of homeland security.
42     (d) The department of homeland security may deny certification or
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1 licensure to an applicant who would be subject to disciplinary sanctions
2 under subsection (b) if that person were a certificate holder or license
3 holder, has had disciplinary action taken against the applicant or the
4 applicant's certificate or license to practice in another state or
5 jurisdiction, or has practiced without a certificate or license in violation
6 of the law. A certified copy of the record of disciplinary action is
7 conclusive evidence of the other jurisdiction's disciplinary action.
8     (e) The department of homeland security may order a certificate
9 holder or license holder to submit to a reasonable physical or mental
10 examination if the certificate holder's or license holder's physical or
11 mental capacity to practice safely and competently is at issue in a
12 disciplinary proceeding. Failure to comply with a department of
13 homeland security order to submit to a physical or mental examination
14 makes a certificate holder or license holder liable to temporary
15 suspension under subsection (i).
16     (f) Except as provided under subsection (a), subsection (g), and
17 section 14.5 of this chapter, a certificate or license may not be denied,
18 revoked, or suspended because the applicant, certificate holder, or
19 license holder has been convicted of an offense. The acts from which
20 the applicant's, certificate holder's, or license holder's conviction
21 resulted may be considered as to whether the applicant or certificate
22 holder or license holder should be entrusted to serve the public in a
23 specific capacity.
24     (g) The department of homeland security may deny, suspend, or
25 revoke a certificate or license issued under this article if the individual
26 who holds or is applying for the certificate or license is convicted of
27 any of the following:
28(1) Possession of cocaine or a narcotic drug under IC 35-48-4-6.
29(2) Possession of methamphetamine under IC 35-48-4-6.1.
30(3) Possession of a controlled substance under IC 35-48-4-7(a).
31IC 35-48-4-7(b).
32(4) Fraudulently obtaining a controlled substance under
33IC 35-48-4-7(c). IC 35-48-4-7(d).
34(5) Manufacture of paraphernalia as a Class D felony (for a crime
35committed before July 1, 2014) or Level 6 felony (for a crime
36committed after June 30, 2014) under IC 35-48-4-8.1(c).
37(6) Dealing in paraphernalia as a Class D felony (for a crime
38committed before July 1, 2014) or Level 6 felony (for a crime
39committed after June 30, 2014) under IC 35-48-4-8.5(b).
40(7) Possession of paraphernalia as a Class D felony (for a crime
41committed before July 1, 2014) or Level 6 felony (for a crime
42committed after June 30, 2014) under IC 35-48-4-8.3(b) (before
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1its amendment on July 1, 2015).
2(8) Possession of marijuana, hash oil, hashish, or salvia as a Class
3D felony (for a crime committed before July 1, 2014) or Level 6
4felony (for a crime committed after June 30, 2014) under
5IC 35-48-4-11.
6(9) A felony offense under IC 35-48-4 involving:
7(A) possession of a synthetic drug (as defined in
8IC 35-31.5-2-321);
9(B) possession of a synthetic drug lookalike substance (as
10defined in IC 35-31.5-2-321.5 (before its repeal on July 1,
112019)) as a:
12(i) Class D felony (for a crime committed before July 1,
132014); or
14(ii) Level 6 felony (for a crime committed after June 30,
152014);
16under IC 35-48-4-11.5 (before its repeal on July 1, 2019); or
17(C) possession of a controlled substance analog (as defined in
18IC 35-48-1.1-8).
19(10) Maintaining a common nuisance under IC 35-48-4-13
20(repealed) or IC 35-45-1-5, if the common nuisance involves a
21controlled substance.
22(11) An offense relating to registration, labeling, and prescription
23forms under IC 35-48-4-14.
24     (h) A decision of the department of homeland security under
25 subsections (b) through (g) may be appealed to the commission under
26 IC 4-21.5-3-7.
27     (i) The department of homeland security may temporarily suspend
28 a certificate holder's certificate or license holder's license under
29 IC 4-21.5-4 before a final adjudication or during the appeals process if
30 the department of homeland security finds that a certificate holder or
31 license holder would represent a clear and immediate danger to the
32 public's health, safety, or property if the certificate holder or license
33 holder were allowed to continue to practice.
34     (j) On receipt of a complaint or information alleging that a person
35 certified or licensed under this chapter or IC 16-31-3.5 has engaged in
36 or is engaging in a practice that is subject to disciplinary sanctions
37 under this chapter, the department of homeland security must initiate
38 an investigation against the person.
39     (k) The department of homeland security shall conduct a factfinding
40 investigation as the department of homeland security considers proper
41 in relation to the complaint.
42     (l) The department of homeland security may reinstate a certificate
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1 or license that has been suspended under this section if the department
2 of homeland security is satisfied that the applicant is able to practice
3 with reasonable skill, competency, and safety to the public. As a
4 condition of reinstatement, the department of homeland security may
5 impose disciplinary or corrective measures authorized under this
6 chapter.
7     (m) The department of homeland security may not reinstate a
8 certificate or license that has been revoked under this chapter.
9     (n) The department of homeland security must be consistent in the
10 application of sanctions authorized in this chapter. Significant
11 departures from prior decisions involving similar conduct must be
12 explained in the department of homeland security's findings or orders.
13     (o) A certificate holder may not surrender the certificate holder's
14 certificate, and a license holder may not surrender the license holder's
15 license, without the written approval of the department of homeland
16 security, and the department of homeland security may impose any
17 conditions appropriate to the surrender or reinstatement of a
18 surrendered certificate or license.
19     (p) For purposes of this section, "certificate holder" means a person
20 who holds:
21(1) an unlimited certificate;
22(2) a limited or probationary certificate; or
23(3) an inactive certificate.
24     (q) For purposes of this section, "license holder" means a person
25 who holds:
26(1) an unlimited license;
27(2) a limited or probationary license; or
28(3) an inactive license.
29     SECTION 13. IC 22-15-5-16, AS AMENDED BY P.L.186-2025,
30 SECTION 123, IS AMENDED TO READ AS FOLLOWS
31 [EFFECTIVE NOVEMBER 12, 2026]: Sec. 16. (a) A practitioner shall
32 comply with the standards established under this licensing program. A
33 practitioner is subject to the exercise of the disciplinary sanctions under
34 IC 22-12-7-7 if the department finds that a practitioner has:
35(1) engaged in or knowingly cooperated in fraud or material
36deception in order to obtain a license to practice, including
37cheating on a licensing examination;
38(2) engaged in fraud or material deception in the course of
39professional services or activities;
40(3) advertised services or goods in a false or misleading manner;
41(4) falsified or knowingly allowed another person to falsify
42attendance records or certificates of completion of continuing
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1      education courses provided under this chapter;
2      (5) been convicted of a crime that has a direct bearing on the
3      practitioner's ability to continue to practice competently;
4      (6) knowingly violated a state statute or rule or federal statute or
5      regulation regulating the profession for which the practitioner is
6      licensed;
7      (7) continued to practice although the practitioner has become
8      unfit to practice due to:
9(A) professional incompetence;
10(B) failure to keep abreast of current professional theory or
11practice;
12(C) physical or mental disability; or
13(D) addiction to, abuse of, or severe dependency on alcohol or
14other drugs that endanger the public by impairing a
15practitioner's ability to practice safely;
16      (8) engaged in a course of lewd or immoral conduct in connection
17      with the delivery of services to the public;
18      (9) allowed the practitioner's name or a license issued under this
19      chapter to be used in connection with an individual or business
20      who renders services beyond the scope of that individual's or
21      business's training, experience, or competence;
22      (10) had disciplinary action taken against the practitioner or the
23      practitioner's license to practice in another state or jurisdiction on
24      grounds similar to those under this chapter;
25      (11) assisted another person in committing an act that would
26      constitute a ground for disciplinary sanction under this chapter;
27      or
28      (12) allowed a license issued by the department to be:
29(A) used by another person; or
30(B) displayed to the public when the license has expired, is
31inactive, is invalid, or has been revoked or suspended.
32 For purposes of subdivision (10), a certified copy of a record of
33 disciplinary action constitutes prima facie evidence of a disciplinary
34 action in another jurisdiction.
35    (b) If an applicant or a practitioner has engaged in or knowingly
36 cooperated in fraud or material deception to obtain a license to
37 practice, including cheating on the licensing examination, the
38 department may rescind the license if it has been granted, void the
39 examination or other fraudulent or deceptive material, and prohibit the
40 applicant from reapplying for the license for a length of time
41 established by the department.
42    (c) The department may deny licensure to an applicant who has had
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                                     13
1 disciplinary action taken against the applicant or the applicant's license
2 to practice in another state or jurisdiction or who has practiced without
3 a license in violation of the law. A certified copy of the record of
4 disciplinary action is conclusive evidence of the other jurisdiction's
5 disciplinary action.
6     (d) The department may order a practitioner to submit to a
7 reasonable physical or mental examination if the practitioner's physical
8 or mental capacity to practice safely and competently is at issue in a
9 disciplinary proceeding. Failure to comply with a department order to
10 submit to a physical or mental examination makes a practitioner liable
11 to temporary suspension under subsection (h).
12     (e) Except as provided under subsection (f) or (g), a license may not
13 be denied, revoked, or suspended because the applicant or holder has
14 been convicted of an offense. The acts from which the applicant's or
15 holder's conviction resulted may, however, be considered as to whether
16 the applicant or holder should be entrusted to serve the public in a
17 specific capacity.
18     (f) The department may deny, suspend, or revoke a license issued
19 under this chapter if the individual who holds the license is convicted
20 of any of the following:
21(1) Possession of cocaine or a narcotic drug under IC 35-48-4-6.
22(2) Possession of methamphetamine under IC 35-48-4-6.1.
23(3) Possession of a controlled substance under IC 35-48-4-7(a).
24IC 35-48-4-7(b).
25(4) Fraudulently obtaining a controlled substance under
26IC 35-48-4-7(b) IC 35-48-4-7(c) (for a crime committed before
27July 1, 2014) or IC 35-48-4-7(c) IC 35-48-4-7(d) (for a crime
28committed after June 30, 2014).
29(5) Manufacture of paraphernalia as a Class D felony (for a crime
30committed before July 1, 2014) or a Level 6 felony (for a crime
31committed after June 30, 2014) under IC 35-48-4-8.1(c).
32(6) Dealing in paraphernalia as a Class D felony (for a crime
33committed before July 1, 2014) or a Level 6 felony (for a crime
34committed after June 30, 2014) under IC 35-48-4-8.5(b).
35(7) Possession of paraphernalia as a Class D felony (for a crime
36committed before July 1, 2014) or a Level 6 felony (for a crime
37committed after June 30, 2014) under IC 35-48-4-8.3(b) (before
38its amendment on July 1, 2015).
39(8) Possession of marijuana, hash oil, hashish, or salvia as a Class
40D felony (for a crime committed before July 1, 2014) or a Level
416 felony (for a crime committed after June 30, 2014) under
42IC 35-48-4-11.
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                                    14
1      (9) A felony offense under IC 35-48-4 involving possession of a
2      synthetic drug (as defined in IC 35-31.5-2-321), possession of a
3      controlled substance analog (as defined in IC 35-48-1.1-8), or
4      possession of a synthetic drug lookalike substance (as defined in
5      IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) as a:
6(A) Class D felony for a crime committed before July 1, 2014;
7or
8(B) Level 6 felony for a crime committed after June 30, 2014;
9      under IC 35-48-4-11.5 (before its repeal on July 1, 2019).
10      (10) Maintaining a common nuisance under IC 35-48-4-13
11      (repealed) or IC 35-45-1-5, if the common nuisance involves a
12      controlled substance.
13      (11) An offense relating to registration, labeling, and prescription
14      forms under IC 35-48-4-14.
15    (g) The department shall deny, revoke, or suspend a license issued
16 under this chapter if the individual who holds the license is convicted
17 of any of the following:
18      (1) Dealing in a controlled substance resulting in death under
19      IC 35-42-1-1.5.
20      (2) Dealing in cocaine or a narcotic drug under IC 35-48-4-1.
21      (3) Dealing in methamphetamine under IC 35-48-4-1.1.
22      (4) Manufacturing methamphetamine under IC 35-48-4-1.2.
23      (5) Dealing in a schedule I, II, or III controlled substance under
24      IC 35-48-4-2.
25      (6) Dealing in a schedule IV controlled substance under
26      IC 35-48-4-3.
27      (7) Dealing in a schedule V controlled substance under
28      IC 35-48-4-4.
29      (8) Dealing in a substance represented to be a controlled
30      substance under IC 35-48-4-4.5 (repealed).
31      (9) Knowingly or intentionally manufacturing, advertising,
32      distributing, or possessing with intent to manufacture, advertise,
33      or distribute a substance represented to be a controlled substance
34      under IC 35-48-4-4.6.
35      (10) Dealing in a counterfeit substance under IC 35-48-4-5.
36      (11) Dealing in marijuana, hash oil, hashish, or salvia as a felony
37      under IC 35-48-4-10.
38      (12) An offense under IC 35-48-4 involving the manufacture or
39      sale of a synthetic drug (as defined in IC 35-31.5-2-321), a
40      synthetic drug lookalike substance (as defined in
41      IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) under
42      IC 35-48-4-10.5 (before its repeal on July 1, 2019), a controlled
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                                    15
1substance analog (as defined in IC 35-48-1.1-8), or a substance
2represented to be a controlled substance (as described in
3IC 35-48-4-4.6).
4(13) A violation of any federal or state drug law or rule related to
5wholesale legend drug distributors licensed under IC 25-26-14.
6     (h) The department may temporarily suspend a practitioner's license
7 under IC 4-21.5-4 before a final adjudication or during the appeals
8 process if the department finds that a practitioner represents a clear and
9 immediate danger to the public's health, safety, or property if the
10 practitioner is allowed to continue to practice.
11     (i) On receipt of a complaint or an information alleging that a person
12 licensed under this chapter has engaged in or is engaging in a practice
13 that jeopardizes the public health, safety, or welfare, the department
14 shall initiate an investigation against the person.
15     (j) Any complaint filed with the office of the attorney general
16 alleging a violation of this licensing program shall be referred to the
17 department for summary review and for its general information and any
18 authorized action at the time of the filing.
19     (k) The department shall conduct a fact finding investigation as the
20 department considers proper in relation to the complaint.
21     (l) A practitioner may petition the department to accept the
22 surrender of the practitioner's license. The practitioner may not
23 surrender the practitioner's license without the written approval of the
24 department, and the department may impose any conditions appropriate
25 to the surrender or reinstatement of a surrendered license.
26     (m) A practitioner who has been subjected to disciplinary sanctions
27 may be required by the commission to pay the costs of the proceeding.
28 The practitioner's ability to pay shall be considered when costs are
29 assessed. If the practitioner fails to pay the costs, a suspension may not
30 be imposed solely upon the practitioner's inability to pay the amount
31 assessed. The costs are limited to costs for the following:
32(1) Court reporters.
33(2) Transcripts.
34(3) Certification of documents.
35(4) Photo duplication.
36(5) Witness attendance and mileage fees.
37(6) Postage.
38(7) Expert witnesses.
39(8) Depositions.
40(9) Notarizations.
41     SECTION 14. IC 24-4-21-1, AS AMENDED BY P.L.186-2025,
42 SECTION 131, IS AMENDED TO READ AS FOLLOWS
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                                    16
1 [EFFECTIVE NOVEMBER 12, 2026]: Sec. 1. The following
2 definitions apply throughout this chapter:
3(1) "Certificate of analysis" means a certificate from an
4independent testing laboratory describing the results of the
5laboratory's testing of a sample.
6(2) "Independent testing laboratory" means a laboratory:
7(A) with respect to which no person having a direct or indirect
8interest in the laboratory also has a direct or indirect interest
9in a facility that:
10(i) processes, distributes, or sells low THC hemp extract, or
11a substantially similar substance in another jurisdiction;
12hemp derived cannabinoid products;
13(ii) cultivates, processes, distributes, dispenses, or sells
14hemp (as defined in IC 35-48-8-3) or marijuana; or
15(iii) cultivates, processes, or distributes hemp; and
16(B) that is accredited as a testing laboratory to International
17Organization for Standardization (ISO) 17025 by a third party
18accrediting body such as the American Association for
19Laboratory Accreditation (A2LA) or Assured Calibration and
20Laboratory Accreditation Select Services (ACLASS).
21(3) "Low THC hemp extract" has the meaning set forth in
22IC 35-48-1.1-27. "Hemp derived cannabinoid product" has the
23meaning set forth in IC 35-38-8-4.
24     SECTION 15. IC 24-4-21-2, AS ADDED BY P.L.153-2018,
25 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
26 NOVEMBER 12, 2026]: Sec. 2. A person may distribute low THC
27 hemp extract a hemp derived cannabinoid product in Indiana only
28 if the product:
29(1) has been approved by the federal Food and Drug
30Administration or the federal Drug Enforcement Agency as a
31prescription or over the counter drug; or
32(2) meets the requirements of this chapter.
33     SECTION 16. IC 24-4-21-3, AS AMENDED BY P.L.190-2019,
34 SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
35 NOVEMBER 12, 2026]: Sec. 3. A person may distribute low THC
36 hemp extract a hemp derived cannabinoid product in Indiana only
37 if the distributor has a certificate of analysis prepared by an
38 independent testing laboratory showing:
39(1) that the low THC hemp extract hemp derived cannabinoid
40product is the product of a batch tested by the independent
41testing laboratory;
42(2) that the independent testing laboratory determined that the
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                                   17
1batch contained not more than three-tenths percent (0.3%) total
2delta-9-tetrahydrocannabinol tetrahydrocannabinol (THC),
3including precursors, by weight, based on the testing of a random
4sample of the batch; and
5(3) the cannabidiol percent present of the low THC hemp extract.
6hemp derived cannabinoid product.
7    SECTION 17. IC 24-4-21-4, AS AMENDED BY THE
8 TECHNICAL CORRECTIONS BILL OF THE 2026 GENERAL
9 ASSEMBLY, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10 NOVEMBER 12, 2026]: Sec. 4. (a) Except as provided in subsection
11 (b), low THC hemp extract A hemp derived cannabinoid product
12 must be distributed in packaging that contains the following
13 information:
14(1) A scannable bar code or QR code linked to a document that
15contains information with respect to the manufacture of the low
16THC hemp extract, hemp derived cannabinoid product,
17including the:
18(A) batch identification number;
19(B) product name;
20(C) batch date;
21(D) expiration date, which must be not more than two (2) years
22from the date of manufacture;
23(E) batch size;
24(F) total quantity produced;
25(G) ingredients used, including the:
26(i) ingredient name;
27(ii) name of the company that manufactured the ingredient;
28(iii) company or product identification number or code, if
29applicable; and
30(iv) ingredient lot number; and
31(H) download link for a certificate of analysis for the low THC
32hemp extract. hemp derived cannabinoid product.
33(2) The batch number.
34(3) The Internet address of a web site website to obtain batch
35information.
36(4) The expiration date.
37(5) The number of milligrams of low THC hemp extract. hemp
38derived cannabinoid product.
39(6) The manufacturer.
40(7) The fact that the product contains not more than three-tenths
41percent (0.3%) total delta-9-tetrahydrocannabinol
42tetrahydrocannabinol (THC), including precursors, by weight.
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                                     18
1     (b) Before July 1, 2018, low THC hemp extract may be distributed
2 in Indiana without having met the requirements described in subsection
3 (a).
4     SECTION 18. IC 24-4-21-5, AS ADDED BY P.L.153-2018,
5 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6 NOVEMBER 12, 2026]: Sec. 5. This section applies after June 30,
7 2018. A person who distributes low THC hemp extract a hemp
8 derived cannabinoid product in violation of this chapter commits a
9 Class B infraction. However, the offense is a Class A infraction if the
10 person has a prior unrelated judgment for a violation of this chapter.
11 These penalties are in addition to any criminal penalties that may be
12 imposed for unlawful possession or distribution of a controlled
13 substance.
14     SECTION 19. IC 24-4-22-1, AS AMENDED BY P.L.186-2025,
15 SECTION 132, IS AMENDED TO READ AS FOLLOWS
16 [EFFECTIVE NOVEMBER 12, 2026]: Sec. 1. As used in this chapter,
17 "low THC hemp extract" "hemp derived cannabinoid product" has
18 the meaning set forth in IC 35-48-1.1-27. IC 35-48-8-4.
19     SECTION 20. IC 24-4-22-3, AS ADDED BY P.L.153-2018,
20 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
21 NOVEMBER 12, 2026]: Sec. 3. (a) Except as provided in subsection
22 (b), A person may sell low THC hemp extract a hemp derived
23 cannabinoid product at retail only if the packaging complies with the
24 requirements of IC 24-4-21-4.
25     (b) Before July 1, 2018, a person may sell low THC hemp extract at
26 retail even if the packaging does not comply with the requirements of
27 IC 24-4-21-4.
28     SECTION 21. IC 25-1-1.1-2, AS AMENDED BY P.L.186-2025,
29 SECTION 134, IS AMENDED TO READ AS FOLLOWS
30 [EFFECTIVE NOVEMBER 12, 2026]: Sec. 2. Notwithstanding
31 IC 25-1-7, a board, a commission, or a committee may suspend, deny,
32 or revoke a license or certificate issued under this title by the board, the
33 commission, or the committee without an investigation by the office of
34 the attorney general if the individual who holds the license or
35 certificate is convicted of any of the following and the board,
36 commission, or committee determines, after the individual has
37 appeared in person, that the offense affects the individual's ability to
38 perform the duties of the profession:
39(1) Possession of cocaine or a narcotic drug under IC 35-48-4-6.
40(2) Possession of methamphetamine under IC 35-48-4-6.1.
41(3) Possession of a controlled substance under IC 35-48-4-7(a).
42IC 35-48-4-7(b).
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                                    19
1(4) Fraudulently obtaining a controlled substance under
2IC 35-48-4-7(c). IC 35-48-4-7(d).
3(5) Manufacture of paraphernalia as a Class D felony (for a crime
4committed before July 1, 2014) or a Level 6 felony (for a crime
5committed after June 30, 2014) under IC 35-48-4-8.1(c).
6(6) Dealing in paraphernalia as a Class D felony (for a crime
7committed before July 1, 2014) or a Level 6 felony (for a crime
8committed after June 30, 2014) under IC 35-48-4-8.5(b).
9(7) Possession of paraphernalia as a Class D felony (for a crime
10committed before July 1, 2014) or a Level 6 felony (for a crime
11committed after June 30, 2014) under IC 35-48-4-8.3(b) (before
12its amendment on July 1, 2015).
13(8) Possession of marijuana, hash oil, hashish, or salvia as a Class
14D felony (for a crime committed before July 1, 2014) or a Level
156 felony (for a crime committed after June 30, 2014) under
16IC 35-48-4-11.
17(9) A felony offense under IC 35-48-4 involving possession of a
18synthetic drug (as defined in IC 35-31.5-2-321), possession of a
19controlled substance analog (as defined in IC 35-48-1.1-8), or
20possession of a synthetic drug lookalike substance (as defined in
21IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) as a:
22(A) Class D felony for a crime committed before July 1, 2014;
23or
24(B) Level 6 felony for a crime committed after June 30, 2014;
25under IC 35-48-4-11.5 (before its repeal on July 1, 2019).
26(10) Maintaining a common nuisance under IC 35-48-4-13
27(repealed) or IC 35-45-1-5, if the common nuisance involves a
28controlled substance.
29(11) An offense relating to registration, labeling, and prescription
30forms under IC 35-48-4-14.
31(12) A sex crime under IC 35-42-4.
32(13) A felony that reflects adversely on the individual's fitness to
33hold a professional license.
34    SECTION 22. IC 34-30-2.1-71, AS ADDED BY P.L.105-2022,
35 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
36 JULY 1, 2026]: Sec. 71. IC 7.1-5-7-8 (Concerning postsecondary
37 educational institutions for alcohol related or THC product related
38 injuries).
39    SECTION 23. IC 35-31.5-2-61.5 IS ADDED TO THE INDIANA
40 CODE AS A NEW SECTION TO READ AS FOLLOWS
41 [EFFECTIVE NOVEMBER 12, 2026]: Sec. 61.5. "Container", for
42 purposes of IC 35-48-8, has the meaning set forth in IC 35-48-8-2.
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                                   20
1     SECTION 24. IC 35-31.5-2-150.5 IS REPEALED [EFFECTIVE
2 NOVEMBER 12, 2026]. Sec. 150.5. "Hashish", for purposes of
3 IC 35-48, has the meaning set forth in IC 35-48-1.1-21.
4     SECTION 25. IC 35-31.5-2-150.6 IS REPEALED [EFFECTIVE
5 NOVEMBER 12, 2026]. Sec. 150.6. "Hash oil", for purposes of
6 IC 35-48, has the meaning set forth in IC 35-48-1.1-22.
7     SECTION 26. IC 35-31.5-2-152.2 IS ADDED TO THE INDIANA
8 CODE AS A NEW SECTION TO READ AS FOLLOWS
9 [EFFECTIVE NOVEMBER 12, 2026]: Sec. 152.2. "Hemp", for
10 purposes of this title, has the meaning set forth in IC 35-48-8-3.
11     SECTION 27. IC 35-31.5-2-152.3 IS ADDED TO THE INDIANA
12 CODE AS A NEW SECTION TO READ AS FOLLOWS
13 [EFFECTIVE NOVEMBER 12, 2026]: Sec. 152.3. "Hemp derived
14 cannabinoid product", for purposes of this title, has the meaning
15 set forth in IC 35-48-8-4.
16     SECTION 28. IC 35-31.5-2-169.3 IS ADDED TO THE INDIANA
17 CODE AS A NEW SECTION TO READ AS FOLLOWS
18 [EFFECTIVE NOVEMBER 12, 2026]: Sec. 169.3. "Industrial
19 hemp", for purposes of this title, has the meaning set forth in
20 IC 35-48-8-5.
21     SECTION 29. IC 35-31.5-2-176.1 IS ADDED TO THE INDIANA
22 CODE AS A NEW SECTION TO READ AS FOLLOWS
23 [EFFECTIVE NOVEMBER 12, 2026]: Sec. 176.1. "Intermediate
24 hemp derived cannabinoid product", for purposes of IC 35-48-8,
25 has the meaning set forth in IC 35-48-8-6.
26     SECTION 30. IC 35-31.5-2-189.9, AS AMENDED BY
27 P.L.186-2025, SECTION 216, IS AMENDED TO READ AS
28 FOLLOWS [EFFECTIVE NOVEMBER 12, 2026]: Sec. 189.9. "Low
29 THC hemp extract", "THC hemp extract", for purposes of IC 35-48,
30 has the meaning set forth in IC 35-48-1.1-27. IC 35-48-8-7.
31     SECTION 31. IC 35-46-1-11.7, AS AMENDED BY P.L.163-2025,
32 SECTION 66, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
33 NOVEMBER 12, 2026]: Sec. 11.7. (a) A retail establishment in which
34 tobacco products and products containing tetrahydrocannabinol
35 (THC) account for at least eighty-five percent (85%) of the retail
36 establishment's gross sales may not allow an individual who is less than
37 twenty-one (21) years of age to enter the retail establishment.
38     (b) An individual who is less than twenty-one (21) years of age may
39 not enter a retail establishment described in subsection (a).
40     (c) A retail establishment described in subsection (a) must
41 conspicuously post on all entrances to the retail establishment the
42 following:
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                                    21
1(1) A sign in boldface type that states "NOTICE: It is unlawful for
2a person less than 21 years old to enter this store.".
3(2) A sign printed in letters and numbers at least one-half (1/2)
4inch high that displays a toll free phone number for assistance to
5callers in quitting smoking, as determined by the Indiana
6department of health.
7    (d) A person who violates this section commits a Class C infraction.
8 Notwithstanding IC 34-28-5-4(c), a civil judgment for an infraction
9 committed under this section must be imposed as follows:
10(1) If the person has not been cited for a violation of this section
11in the previous one (1) year, a civil penalty of up to four hundred
12dollars ($400).
13(2) If the person has had one (1) violation in the previous one (1)
14year, a civil penalty of up to eight hundred dollars ($800).
15(3) If the person has had two (2) violations in the previous one (1)
16year, a civil penalty of up to one thousand four hundred dollars
17($1,400).
18(4) If the person has had three (3) or more violations in the
19previous one (1) year, a civil penalty of up to two thousand dollars
20($2,000).
21 A person may not be cited more than once every twenty-four (24)
22 hours.
23    (e) Notwithstanding IC 34-28-5-5(c), civil penalties collected under
24 this section must be deposited in the Richard D. Doyle tobacco
25 education and enforcement fund established under IC 7.1-6-2-6.
26    (f) A person who violates subsection (a) at least six (6) times in any
27 one (1) year period commits habitual illegal entrance by a minor, a
28 Class B infraction.
29    SECTION 32. IC 35-48-1.1-7, AS ADDED BY P.L.186-2025,
30 SECTION 249, IS AMENDED TO READ AS FOLLOWS
31 [EFFECTIVE NOVEMBER 12, 2026]: Sec. 7. "Controlled substance"
32 means a drug, substance, or immediate precursor in schedule I, II, III,
33 IV, or V under:
34(1) IC 35-48-2-4, IC 35-48-2-6, IC 35-48-2-8, IC 35-48-2-10, or
35IC 35-48-2-12, if IC 35-48-2-14 does not apply; or
36(2) a rule adopted by the board, if IC 35-48-2-14 applies.
37 The term does not include low THC hemp extract.
38    SECTION 33. IC 35-48-1.1-8, AS ADDED BY P.L.186-2025,
39 SECTION 249, IS AMENDED TO READ AS FOLLOWS
40 [EFFECTIVE NOVEMBER 12, 2026]: Sec. 8. (a) "Controlled
41 substance analog" means a substance that, due to its chemical structure
42 and potential for abuse or misuse, meets the following criteria:
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                                    22
1(1) The substance is substantially similar to a controlled substance
2classified under IC 35-48-2.
3(2) The substance has a narcotic, stimulant, depressant, or
4hallucinogenic effect on the central nervous system or is
5represented or intended to have a narcotic, stimulant, depressant,
6or hallucinogenic effect on the central nervous system
7substantially similar to or greater than that of a controlled
8substance classified under IC 35-48-2.
9    (b) The definition set forth in subsection (a) does not include:
10(1) a controlled substance;
11(2) a legend drug;
12(3) a substance for which there is an approved new drug
13application;
14(4) any compound, mixture, or preparation that contains any
15controlled substance, that is not for administration to a human
16being or an animal, and that is packaged in a form or
17concentration, or with adulterants or denaturants, such that as
18packaged it does not present any significant potential for abuse;
19or
20(5) a substance to which an investigational exemption applies
21under Section 505 of the federal Food, Drug and Cosmetic Act
22(chapter 675, 52 Stat. 1052 (21 U.S.C. 355)), but only to the
23extent that conduct with respect to the substance is pursuant to the
24exemption. or
25(6) low THC hemp extract.
26    (c) For purposes of subsection (a), "substantially similar", as it
27 applies to the chemical structure of a substance, means that the
28 chemical structure of the substance, when compared to the structure of
29 a controlled substance, has a single difference in the structural formula
30 that substitutes one (1) atom or functional group for another, including:
31(1) one (1) halogen for another halogen;
32(2) one (1) hydrogen for a halogen;
33(3) one (1) halogen for a hydrogen; or
34(4) an alkyl group added or deleted:
35(A) as a side chain to or from a molecule; or
36(B) from a side chain of a molecule.
37    SECTION 34. IC 35-48-1.1-21 IS REPEALED [EFFECTIVE
38 NOVEMBER 12, 2026]. Sec. 21. "Hashish" does not include low THC
39 hemp extract.
40    SECTION 35. IC 35-48-1.1-22 IS REPEALED [EFFECTIVE
41 NOVEMBER 12, 2026]. Sec. 22. "Hash oil" does not include low THC
42 hemp extract.
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                                    23
1    SECTION 36. IC 35-48-1.1-27 IS REPEALED [EFFECTIVE
2 NOVEMBER 12, 2026]. Sec. 27. (a) "Low THC hemp extract" means
3 a substance or compound that:
4      (1) is derived from or contains any part of the plant Cannabis
5      sativa L. that meets the definition of hemp under IC 15-15-13-6;
6      (2) contains not more than three-tenths percent (0.3%) total
7      delta-9-tetrahydrocannabinol (THC), including precursors, by
8      weight; and
9      (3) contains no other controlled substances.
10    (b) The term does not include:
11      (1) the harvested reproductive organ, whether immature or
12      mature, of the female hemp plant; or
13      (2) smokable hemp.
14    SECTION 37. IC 35-48-1.1-29, AS ADDED BY P.L.186-2025,
15 SECTION 249, IS AMENDED TO READ AS FOLLOWS
16 [EFFECTIVE NOVEMBER 12, 2026]: Sec. 29. (a) "Marijuana" means
17 any part of the plant genus Cannabis whether growing or not; the seeds
18 thereof; the resin extracted from any part of the plant, including hashish
19 and hash oil; any compound, manufacture, salt, derivative, mixture, or
20 preparation of the plant, its seeds or resin.
21    (b) The term does not include:
22      (1) the mature stalks of the plant;
23      (2) fiber produced from the stalks;
24      (3) oil or cake made from the seeds of the plant;
25      (4) any other compound, manufacture, salt, derivative, mixture,
26      or preparation of the mature stalks (except the resin extracted
27      therefrom);
28      (5) the sterilized seed of the plant which is incapable of
29      germination;
30      (6) hemp (as defined by IC 15-15-13-6);
31      (7) low THC hemp extract; or
32      (8) smokable hemp.
33      (1) a hemp derived cannabinoid product (as defined in
34      IC 35-48-8-4); or
35      (2) industrial hemp monitored and licensed with the state seed
36      commissioner under IC 15-15-13.
37    SECTION 38. IC 35-48-1.1-38, AS ADDED BY P.L.186-2025,
38 SECTION 249, IS AMENDED TO READ AS FOLLOWS
39 [EFFECTIVE NOVEMBER 12, 2026]: Sec. 38. (a) Except as provided
40 in subsection (b), "smokable hemp" means a product containing not
41 more than three-tenths percent (0.3%) delta-9-tetrahydrocannabinol
42 any amount of tetrahydrocannabinol (THC), including precursors
 ES 250—LS 7117/DI 107
                                    24
1 and derivatives of THC, in a form that allows THC to be introduced
2 into the human body by inhalation of smoke. The term includes:
3(1) hemp bud; and
4(2) hemp flower.
5    (b) The term does not include:
6(1) a hemp plant that is; or
7(2) parts of a hemp plant that are;
8 grown or handled by a licensee governed by IC 15-15-13 and for
9 processing or manufacturing into a legal hemp derived cannabinoid
10 product.
11    SECTION 39. IC 35-48-4-2, AS AMENDED BY P.L.61-2020,
12 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
13 NOVEMBER 12, 2026]: Sec. 2. (a) This section does not apply to a
14 hemp derived cannabinoid product as defined in IC 35-48-8-4.
15    (a) (b) A person who:
16(1) knowingly or intentionally:
17(A) manufactures;
18(B) finances the manufacture of;
19(C) delivers; or
20(D) finances the delivery of;
21a controlled substance or controlled substance analog, pure or
22adulterated, classified in schedule I, except marijuana, hash oil,
23hashish, or salvia, or a controlled substance, or controlled
24substance analog, pure or adulterated, classified in schedule II or
25III; or
26(2) possesses, with intent to:
27(A) manufacture;
28(B) finance the manufacture of;
29(C) deliver; or
30(D) finance the delivery of;
31a controlled substance or controlled substance analog, pure or
32adulterated, classified in schedule I, except marijuana, hash oil,
33hashish, or salvia, or a controlled substance, or controlled
34substance analog, pure or adulterated, classified in schedule II or
35III;
36 commits dealing in a schedule I, II, or III controlled substance, a Level
37 6 felony, except as provided in subsections (b) (c) through (f). (g).
38    (b) (c) A person may be convicted of an offense under subsection
39 (a)(2) (b)(2) only if:
40(1) there is evidence in addition to the weight of the drug that the
41person intended to manufacture, finance the manufacture of,
42deliver, or finance the delivery of the drug; or
 ES 250—LS 7117/DI 107
                                   25
1(2) the amount of the drug involved is at least twenty-eight (28)
2grams.
3    (c) (d) The offense is a Level 5 felony if:
4(1) the amount of the drug involved is at least one (1) gram but
5less than five (5) grams; or
6(2) the amount of the drug involved is less than one (1) gram and
7an enhancing circumstance applies.
8    (d) (e) The offense is a Level 4 felony if:
9(1) the amount of the drug involved is at least five (5) grams but
10less than ten (10) grams; or
11(2) the amount of the drug involved is at least one (1) gram but
12less than five (5) grams and an enhancing circumstance applies.
13    (e) (f) The offense is a Level 3 felony if:
14(1) the amount of the drug involved is at least ten (10) grams but
15less than twenty-eight (28) grams; or
16(2) the amount of the drug involved is at least five (5) grams but
17less than ten (10) grams and an enhancing circumstance applies.
18    (f) (g) The offense is a Level 2 felony if:
19(1) the amount of the drug involved is at least twenty-eight (28)
20grams; or
21(2) the amount of the drug involved is at least ten (10) grams but
22less than twenty-eight (28) grams and an enhancing circumstance
23applies.
24    (h) It is a defense to a prosecution under this section that the
25 substance is THC hemp extract and the person meets the
26 requirements of IC 35-48-8-9.
27    SECTION 40. IC 35-48-4-7, AS AMENDED BY P.L.61-2020,
28 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
29 NOVEMBER 12, 2026]: Sec. 7. (a) This section does not apply to a
30 hemp derived cannabinoid product as defined in IC 35-48-8-4.
31    (a) (b) A person who, without a valid prescription or order of a
32 practitioner acting in the course of the practitioner's professional
33 practice, knowingly or intentionally possesses a:
34(1) controlled substance or controlled substance analog (pure or
35adulterated), classified in schedule I, except marijuana, hashish,
36or salvia; or
37(2) controlled substance or controlled substance analog (pure or
38adulterated), classified in schedule II, III, or IV;
39 commits possession of a controlled substance, a Class A misdemeanor,
40 except as provided in subsection (b). (c).
41    (b) (c) The offense is a Level 6 felony if the person commits the
42 offense and an enhancing circumstance applies.
 ES 250—LS 7117/DI 107
                                   26
1    (c) (d) A person who, without a valid prescription or order of a
2 practitioner acting in the course of the practitioner's professional
3 practice, knowingly or intentionally obtains:
4      (1) more than four (4) ounces of schedule V controlled substances
5      containing codeine in any given forty-eight (48) hour period
6      unless pursuant to a prescription;
7      (2) a schedule V controlled substance pursuant to written or
8      verbal misrepresentation; or
9      (3) possession of a schedule V controlled substance other than by
10      means of a prescription or by means of signing an exempt
11      narcotic register maintained by a pharmacy licensed by the
12      Indiana state board of pharmacy;
13 commits a Class A misdemeanor.
14    (e) It is a defense to a prosecution under this section that the
15 substance is THC hemp extract and the person meets the
16 requirements of IC 35-48-8-9.
17    SECTION 41. IC 35-48-4-10, AS AMENDED BY P.L.153-2018,
18 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
19 NOVEMBER 12, 2026]: Sec. 10. (a) A person who:
20      (1) knowingly or intentionally:
21(A) manufactures;
22(B) finances the manufacture of;
23(C) delivers; or
24(D) finances the delivery of;
25      marijuana, hash oil, hashish, or salvia, pure or adulterated; or
26      (2) possesses, with intent to:
27(A) manufacture;
28(B) finance the manufacture of;
29(C) deliver; or
30(D) finance the delivery of;
31      marijuana, hash oil, hashish, or salvia, pure or adulterated;
32 commits dealing in marijuana, hash oil, hashish, or salvia, a Class A
33 misdemeanor, except as provided in subsections (b) through (d).
34    (b) A person may be convicted of an offense under subsection (a)(2)
35 only if:
36      (1) there is evidence in addition to the weight of the drug that the
37      person intended to manufacture, finance the manufacture of,
38      deliver, or finance the delivery of the drug; or
39      (2) the amount of the drug involved is at least:
40(A) ten (10) pounds, if the drug is marijuana; or
41(B) three hundred (300) grams, if the drug is hash oil, hashish,
42or salvia.
 ES 250—LS 7117/DI 107
                                    27
1    (c) The offense is a Level 6 felony if:
2      (1) the person has a prior conviction for a drug offense and the
3      amount of the drug involved is:
4(A) less than thirty (30) grams of marijuana; or
5(B) less than five (5) grams of hash oil, hashish, or salvia; or
6      (2) the amount of the drug involved is:
7(A) at least thirty (30) grams but less than ten (10) pounds of
8marijuana; or
9(B) at least five (5) grams but less than three hundred (300)
10grams of hash oil, hashish, or salvia.
11    (d) The offense is a Level 5 felony if:
12      (1) the person has a prior conviction for a drug dealing offense
13      and the amount of the drug involved is:
14(A) at least thirty (30) grams but less than ten (10) pounds of
15marijuana; or
16(B) at least five (5) grams but less than three hundred (300)
17grams of hash oil, hashish, or salvia;
18      (2) the:
19(A) amount of the drug involved is:
20(i) at least ten (10) pounds of marijuana; or
21(ii) at least three hundred (300) grams of hash oil, hashish,
22or salvia; or
23(B) offense involved a sale to a minor; or
24      (3) the:
25(A) person is a retailer;
26(B) marijuana, hash oil, hashish, or salvia is packaged in a
27manner that appears to be low THC hemp extract; a hemp
28derived cannabinoid product; and
29(C) person knew or reasonably should have known that the
30product was marijuana, hash oil, hashish, or salvia.
31    (e) It is a defense to a prosecution under this section that the
32 substance is THC hemp extract and the person meets the
33 requirements of IC 35-48-8-9.
34    SECTION 42. IC 35-48-4-11, AS AMENDED BY P.L.153-2018,
35 SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
36 NOVEMBER 12, 2026]: Sec. 11. (a) A person who:
37      (1) knowingly or intentionally possesses (pure or adulterated)
38      marijuana, hash oil, hashish, or salvia;
39      (2) knowingly or intentionally grows or cultivates marijuana; or
40      (3) knowing that marijuana is growing on the person's premises,
41      fails to destroy the marijuana plants;
42 commits possession of marijuana, hash oil, hashish, or salvia, a Class
 ES 250—LS 7117/DI 107
                                  28
1 B misdemeanor, except as provided in subsections (b) through (c).
2    (b) The offense described in subsection (a) is a Class A
3 misdemeanor if:
4      (1) the person has a prior conviction for a drug offense; or
5      (2) the:
6(A) marijuana, hash oil, hashish, or salvia is packaged in a
7manner that appears to be low THC hemp extract; a hemp
8derived cannabinoid product; and
9(B) person knew or reasonably should have known that the
10product was marijuana, hash oil, hashish, or salvia.
11    (c) The offense described in subsection (a) is a Level 6 felony if:
12      (1) the person has a prior conviction for a drug offense; and
13      (2) the person possesses:
14(A) at least thirty (30) grams of marijuana; or
15(B) at least five (5) grams of hash oil, hashish, or salvia.
16    (d) It is a defense to a prosecution under this section that the
17 substance is THC hemp extract and the person meets the
18 requirements of IC 35-48-8-9.
19    SECTION 43. IC 35-48-8 IS ADDED TO THE INDIANA CODE
20 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
21 NOVEMBER 12, 2026]:
22    Chapter 8. Offenses Relating to Hemp
23    Sec. 0.5. Nothing in IC 7.1 or IC 15 may be construed under the
24 "inclusio unius, exclusio alterius" canon of construction that
25 marijuana has been legalized.
26    Sec. 1. The terms defined in this chapter apply only to this
27 article unless cited in another statute concerning hemp.
28    Sec. 2. (a) "Container" means the innermost wrapping,
29 packaging, or vessel in direct contact with a final hemp derived
30 cannabinoid product in which the final hemp derived cannabinoid
31 product is enclosed for retail sale to consumers, including a jar,
32 bottle, bag, box, packet, can, carton, or cartridge.
33    (b) The term excludes bulk shipping containers or outer
34 wrappings that are not essential for the final retail delivery or sale
35 to an end consumer for personal or household use.
36    (c) The term does not include a drug that is the subject of an
37 application approved under 21 U.S.C. 355(c) or 21 U.S.C. 355(j).
38    Sec. 3. (a) "Hemp" means the plant Cannabis sativa L. and any
39 part of the plant, including the seeds thereof and all derivatives,
40 extracts, cannabinoids, isomers, acids, salts, and salts of isomers,
41 whether growing or not, with a total tetrahydrocannabinols
42 concentration (including tetrahydrocannabinolic acid) of not more
 ES 250—LS 7117/DI 107
                                 29
1 than three-tenths of one percent (0.3%) on a dry weight basis.
2    (b) The term includes industrial hemp and hemp derived
3 cannabinoid products.
4    (c) The term does not include:
5      (1) any viable seeds from a Cannabis sativa L. plant that
6      exceeds a total tetrahydrocannabinols concentration
7      (including tetrahydrocannabinolic acid) of three-tenths of one
8      percent (0.3%) in the plant on a dry weight basis;
9      (2) any intermediate hemp derived cannabinoid products
10      containing:
11(A) cannabinoids that are not capable of being naturally
12produced by a Cannabis sativa L. plant;
13(B) cannabinoids that:
14(i) are capable of being naturally produced by the
15Cannabis sativa L. plant; and
16(ii) were synthesized or manufactured outside the plant;
17or
18(C) more than three-tenths of one percent (0.3%)
19combined total concentration of:
20(i) total tetrahydrocannabinols (including
21tetrahydrocannabinolic acid); and
22(ii) any other cannabinoids that have similar effects (or
23are marketed to have similar effects) on humans or
24animals as a tetrahydrocannabinol as determined by the
25United States Secretary of Health and Human Services;
26      (3) any intermediate hemp derived cannabinoid products that
27      are marketed or sold as a final product or directly to an end
28      consumer for personal or household use;
29      (4) any final hemp derived cannabinoid products containing:
30(A) cannabinoids that are not capable of being naturally
31produced by a Cannabis sativa L. plant;
32(B) cannabinoids that:
33(i) are capable of being naturally produced by a
34Cannabis sativa L. plant; and
35(ii) were synthesized or manufactured outside the plant;
36or
37(C) greater than four-tenths (0.4) milligram combined total
38per container of:
39(i) total tetrahydrocannabinols (including
40tetrahydrocannabinolic acid); and
41(ii) any other cannabinoids that have similar effects, or
42are marketed to have similar effects, on humans or
 ES 250—LS 7117/DI 107
                                   30
1animals as a tetrahydrocannabinol, as determined by the
2United States Secretary of Health and Human Services;
3or
4      (5) smokable hemp.
5    Sec. 4. (a) "Hemp derived cannabinoid product" means a
6 product that:
7      (1) meets the definition of hemp under section 3 of this
8      chapter; and
9      (2) is derived from, or made by, processing hemp plants or
10      hemp plant parts including derivatives, extracts,
11      cannabinoids, isomers, acids, salts, and salts of isomers.
12    (b) The term includes any intermediate or final product derived
13 from hemp, other than industrial hemp, that:
14      (1) contains cannabinoids in any form; and
15      (2) is intended for human or animal use through any means of
16      application or administration including:
17(A) inhalation;
18(B) ingestion; or
19(C) topical application.
20    (c) The term includes cannabidiol, a CBD product, or a product
21 that contains a cannabidiol.
22    (d) The term does not include:
23      (1) smokable hemp (as defined in IC 35-48-1.1-38);
24      (2) products that contain a total tetrahydrocannabinol
25      concentration of more than three-tenths of one percent (0.3%)
26      on a dry weight basis; or
27      (3) a drug that is the subject of an application approved under
28      subsection (c) or (j) of Section 505 of the federal Food, Drug,
29      and Cosmetic Act (21 U.S.C. 355).
30    Sec. 5. "Industrial hemp" means hemp:
31      (1) grown for the use of the stalk of the plant fiber produced
32      from the stalk, or any other noncannabinoid derivative,
33      mixture, preparation, or manufacture of the stalk;
34      (2) grown for the use of the whole grain, oil, cake, nut, hull, or
35      other noncannabinoid compound, derivative, mixture,
36      preparation, or manufacture of the seeds of the plant;
37      (3) grown for purposes of producing microgreens or other
38      edible hemp leaf products for human consumption that are
39      derived from an immature hemp plant that is grown from
40      seeds that do not exceed the threshold for total
41      tetrahydrocannabinols concentration of three-tenths of one
42      percent (0.3%) in the plant on a dry weight basis;
 ES 250—LS 7117/DI 107
                                   31
1      (4) that is a plant that does not enter the stream of commerce
2      and is intended to support hemp research at an institution of
3      higher education, as defined in 20 U.S.C. 1001, or an
4      independent research institute; or
5      (5) grown for the use of a viable seed of the plant produced
6      solely for the production or manufacture of any material
7      described in subdivisions (1) through (4).
8    Sec. 6. "Intermediate hemp derived cannabinoid product"
9 means a hemp derived cannabinoid product that:
10      (1) is not yet in the final form or preparation and is marketed
11      or intended to be used or consumed by a human or animal; or
12      (2) is a powder, liquid, tablet, oil, or other product form that
13      is intended or marketed to be mixed, dissolved, formulated, or
14      added to or prepared with or into any other substance prior
15      to administration or consumption.
16    Sec. 7. (a) "THC hemp extract" means a substance or
17 compound that:
18      (1) is derived from or contains any part of the plant Cannabis
19      sativa L. that meets the definition of "hemp" under
20      IC 15-15-13-6;
21      (2) contains not more than three-tenths of one percent (0.3%)
22      total delta-9-tetrahydrocannabinol (THC), including
23      precursors, by weight; and
24      (3) contains no other controlled substances.
25    (b) The term does not include:
26      (1) the harvested reproductive organ, whether immature or
27      mature, of the female hemp plant; or
28      (2) smokable hemp.
29    Sec. 8. (a) A person who knowingly or intentionally grows or
30 handles hemp without a license issued under IC 15-15-13-7
31 commits unlawful trade in hemp, a Class A misdemeanor.
32    (b) The offense is a Level 6 felony if the person has a prior
33 conviction for an offense under this section.
34    (c) The offense is a Level 5 felony if the person has a prior
35 conviction for an offense under this section and either:
36      (1) the amount of the hemp involved is more than ten (10)
37      pounds; or
38      (2) the offense involved a sale to a child less than eighteen (18)
39      years of age.
40    Sec. 9. (a) A person who:
41      (1) held a license under IC 15-15-13-7 before January 1, 2026;
42      and
 ES 250—LS 7117/DI 107
                                   32
1      (2) continues to hold a hemp license under IC 15-15-13-7;
2 may continue to process and distribute THC hemp extract solely
3 for sale to a manufacturer, processor, distributor, or retailer in a
4 jurisdiction outside of Indiana if the processing and distribution
5 complies with subsection (b).
6    (b) A person described in subsection (a) may process and
7 distribute THC hemp extract if:
8      (1) the receipt of THC hemp extract by the manufacturer,
9      processor, distributor, or retailer in the other jurisdiction is
10      lawful in that jurisdiction; and
11      (2) the THC hemp extract meets the same packaging
12      requirements as a hemp derived cannabinoid product under
13      IC 24-4-21-4.
14    (c) A person described in this section may not distribute THC
15 hemp extract to any person in Indiana, unless the distribution is
16 required by law, including for purposes of testing or analysis.
17    (d) Nothing in this section authorizes a retailer to possess or sell
18 THC hemp extract.
19    (e) The alcohol and tobacco commission may inspect the
20 operations of a person to whom this section applies to ensure
21 compliance in the same manner it conducts inspections under
22 IC 7.1-5-7-16.
23    SECTION 44. IC 35-52-7-39, AS ADDED BY P.L.169-2014,
24 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
25 JULY 1, 2026]: Sec. 39. IC 7.1-5-7-7 defines a crime concerning
26 alcohol and products containing THC.
27    SECTION 45. IC 35-52-7-40, AS ADDED BY P.L.169-2014,
28 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
29 JULY 1, 2026]: Sec. 40. IC 7.1-5-7-8 defines a crime concerning
30 alcohol and products containing THC.
 ES 250—LS 7117/DI 107
                              33
                   COMMITTEE REPORT
Mr. President: The Senate Committee on Commerce and
Technology, to which was referred Senate Bill No. 250, has had the
same under consideration and begs leave to report the same back to the
Senate with the recommendation that said bill be AMENDED as
follows:
Page 1, line 4, delete "tetrahydrocannabinol." and insert
"tetrahydrocannabinol, including hemp derived cannabinoid
products, synthetic equivalents of the substances contained in the
plant or in the resinous extractives of Cannabis, and synthetic
substances, derivates, and their isomers with a similar chemical
structure and pharmacological activity.".
Page 3, between lines 1 and 2, begin a new paragraph and insert:
"SECTION 4. IC 7.1-5-7-15 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 15. A person
twenty-one (21) years of age or older who knowingly or intentionally
encourages, aids, or induces a minor to unlawfully possess an alcoholic
beverage or a product containing THC commits a Class C infraction.
SECTION 5. IC 7.1-5-7-16, AS AMENDED BY P.L.216-2011,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 16. The commission shall conduct random
unannounced inspections at locations where alcoholic beverages or
products containing THC are sold or distributed to ensure compliance
with this title. Only the commission may conduct the random
unannounced inspections. The commission may use retired or off duty
law enforcement officers to conduct inspections under this section.".
Page 4, between lines 39 and 40, begin a new paragraph and insert:
"Sec. 4. The definitions in IC 35-48-8 apply throughout this
chapter.
Sec. 5. A product that purports to be a hemp derived
cannabinoid product, but is in violation of this article, is to be
treated as marijuana (as defined in IC 35-48-1.1-29).".
Page 5, line 15, delete "cannabinol" and insert "cannabidiol".
Page 5, line 16, delete "." and insert ", any other cannabinoids, or
any other controlled substances.
Sec. 3.5. "Container" has the meaning set forth in
IC 35-48-8-2.".
Page 5, line 17, delete "or "hemp" and insert "has the meaning set
forth in IC 35-48-8-4.".
Page 5, delete lines 18 through 38.
Page 6, delete lines 3 through 4.
ES 250—LS 7117/DI 107
                             34
   Page 6, line 5, delete "8." and insert "7.".
   Page 6, between lines 7 and 8, begin a new paragraph and insert:
   "Sec. 8. "Law enforcement officer" has the meaning set forth in
IC 35-31.5-2-185.".
   Page 6, line 20, after "hemp" insert "derived cannabinoid
products".
   Page 6, line 23, after "manufactured" insert ", distributed, and
retailed".
   Page 6, line 28, delete "IC 7.1-8-6-2(a)." and insert "IC
7.1-8-6-1(a).".
   Page 7, line 35, after "search" insert "and seizure".
   Page 8, between lines 37 and 38, begin a new paragraph and insert:
   "(c) The commission may assess a fee of one hundred dollars
($100) on behalf of the state police department to conduct criminal
background checks.".
   Page 8, line 38, delete "(c)" and insert "(d)".
   Page 8, line 41, delete "(d)" and insert "(e)".
   Page 9, line 9, delete "permit" and insert "sales certificate".
   Page 9, line 26, delete "article" and insert "title".
   Page 9, line 37, delete "The permanent location of the business for
which the" and insert "The name and address of the business for
which the permit is issued.".
   Page 9, delete line 38.
   Page 10, delete lines 6 through 7.
   Page 10, line 8, delete "2." and insert "1.".
   Page 10, between lines 22 and 23, begin a new paragraph and insert:
   "(c) The commission may choose to not issue a permit to the new
owner if the new owner does not comply with the application
requirements of this article.".
   Page 10, line 23, delete "3." and insert "2.".
   Page 10, line 32, delete "4." and insert "3.".
   Page 10, line 37, delete "5." and insert "4.".
   Page 12, delete lines 34 through 42.
   Page 13, delete lines 1 through 6.
   Page 13, line 22, after "permit" insert "for ninety (90) days".
   Page 14, line 6, after "1." insert "(a)".
   Page 14, between lines 8 and 9, begin a new paragraph and insert:
   "(b) A hemp manufacturer shall only purchase hemp from a
person licensed to grow hemp under IC 15-15-13.".
   Page 14, line 20, after "annually." insert "The commission shall
deposit this fee in the hemp derived cannabinoid products fund
established by IC 7.1-8-16.".
ES 250—LS 7117/DI 107
                               35
   Page 14, between lines 22 and 23, begin a new paragraph and insert:
   "(d) A hemp manufacturer may only manufacture hemp derived
cannabinoid products in Indiana.".
   Page 15, delete lines 1 through 8.
   Page 15, line 11, after "purchase hemp" insert "derived
cannabinoid products".
   Page 15, line 28, after "annually." insert "The commission shall
deposit this fee in the hemp derived cannabinoid products fund
established by IC 7.1-8-16.".
   Page 15, line 34, delete "for consumption off the licensed premises".
   Page 16, line 2, delete "." and insert ", as defined in IC 7.1-8-2-3.".
   Page 16, line 23, after "1." insert "(a)".
   Page 16, line 23, delete "derived cannabinoid".
   Page 16, line 24, delete "products".
   Page 16, line 25, after "transport" insert "hemp or".
   Page 16, between lines 25 and 26, begin a new line double block
indented and insert:
    "(A) between a hemp grower, licensed under IC 15-15-13-7
    and a hemp manufacturer;".
   Page 16, line 26, delete "(A)" and insert "(B)".
   Page 16, line 27, delete "(B)" and insert "(C)".
   Page 16, line 28, delete "(C)" and insert "(D)".
   Page 16, line 29, delete "derived".
   Page 16, line 30, delete "cannabinoid products".
   Page 16, between lines 30 and 31, begin a new paragraph and insert:
   "(b) A person transporting industrial hemp, as defined in
IC 35-48-8-5, is exempt under this article but must obtain a hemp
handler permit under IC 15-15-13-7 to transport industrial hemp.".
   Page 17, line 10, after "transporting" insert "hemp or".
   Page 17, line 17, delete "derived cannabinoid products".
   Page 17, line 34, delete "may" and insert "shall".
   Page 17, line 38, delete "(d)" and insert "(d)(1)".
   Page 17, line 40, after "2." insert "(a)".
   Page 17, line 40, after "must" insert "be conspicuous and".
   Page 18, line 22, delete "That" and insert "Except as provided in
subsection (b), that".
   Page 18, between lines 31 and 32, begin a new paragraph and insert:
   "(b) Subsection (a)(9) does not apply to CBD products, as
defined in IC 7.1-8-2-3.".
   Page 18, delete lines 32 through 34.
   Page 20, between lines 16 and 17, begin a new paragraph and insert:
   "(c) A hemp derived cannabinoid product with a falsified or
ES 250—LS 7117/DI 107
                              36
altered certificate of analysis is to be considered marijuana (as
defined in IC 35-48-1.1-29).".
   Page 20, line 24, delete "commission." and insert "state budget
agency.".
   Page 20, line 29, after "article;" insert "and".
   Page 20, delete line 30.
   Page 20, line 31, delete "(3)" and insert "(2)".
   Page 20, delete lines 37 through 42, begin a new paragraph and
insert:
   "Sec. 2. In each state fiscal year, the prior state fiscal year
collections accrued to the fund shall be used by the commission as
follows:
 (1) Seventy percent (70%) by the commission for the
 administration of the purposes of this article.
 (2) Twenty percent (20%) pursuant to the hemp derived
 products law enforcement program as described in section 3
 of this chapter.
 (3) Five percent (5%) to the division of mental health and
 addiction to provide funding for the 988 suicide and crisis
 hotline.
 (4) Five percent (5%) to the state general fund.".
   Page 21, delete lines 1 through 10.
   Page 21, line 14, delete "commission" and insert "state budget
agency".
   Page 21, line 24, delete "article as" and insert "article.".
   Page 21, delete line 25.
   Page 21, line 33, delete "article as" and insert "article.".
   Page 21, delete line 34.
   Page 22, line 7, delete "use" and insert "uses".
   Page 22, line 12, delete "and" and insert "or".
   Page 22, between lines 36 and 37, begin a new paragraph and insert:
   "Sec. 1. The commission may do spot testing of hemp derived
cannabinoid products to ensure compliance with this article.".
   Page 22, line 37, delete "1." and insert "2.".
   Page 23, line 2, delete "A product that purports to be a hemp derived
cannabinoid" and insert "The commission shall adopt rules under
IC 4-22-2 concerning the recall of hemp derived cannabinoid
products due to:
 (1) improper or false labeling; or
 (2) health and safety concerns.".
   Page 23, delete lines 3 through 4.
   Page 23, line 14, delete "marijuana." and insert "marijuana (as
ES 250—LS 7117/DI 107
                               37
defined in IC 35-48-1.1-29).".
   Page 23, line 29, delete "derived".
   Page 23, line 30, delete "cannabinoid products".
   Page 23, line 31, delete "(d)" and insert "Sec. 2.".
   Page 23, line 31, after "seize" insert "hemp or".
   Page 23, line 32, after "of" insert "this article.".
   Page 23, delete line 33.
   Page 23, line 34, delete "2." and insert "3.".
   Page 24, line 3, delete "3." and insert "4.".
   Page 24, line 4, after "Internet" insert "or by delivery".
   Page 24, line 6, delete "4." and insert "5.".
   Page 24, line 7, after "recalled" insert "under IC 7.1-8-18".
   Page 24, between lines 8 and 9, begin a new paragraph and insert:
   "Sec. 6. A person who knowingly or intentionally violates this
article commits a deceptive act that is actionable by the attorney
general under IC 24-5-0.5 and is subject to the penalties listed in
IC 24-5-0.5.".
   Page 24, line 17, strike "or".
   Page 24, line 21, after "IC 6-2.5-1-16);" insert "or
 (7) any combination of substances listed in subdivisions (1)
 through (6);".
   Page 24, line 27, delete "marijuana, hemp, and" and insert
"marijuana (as defined in IC 35-48-1.1-29), hemp (as defined in
IC 35-48-8-3), and tetrahydrocannbinol (as defined in
IC 7.1-1-3-46.5).".
   Page 24, delete line 28.
   Page 24, line 33, delete "develop a portal to share" and insert "share
information regarding the hemp program established under this
chapter with the state police department.".
   Page 24, delete lines 34 through 35.
   Page 25, line 2, delete "industrial".
   Page 25, line 10, delete "or industrial hemp".
   Page 25, line 15, delete "or industrial".
   Page 25, line 16, delete "hemp".
   Page 25, line 29, after "hemp" insert ",".
   Page 25, line 29, strike "products,".
   Page 26, line 5, delete "or industrial hemp".
   Page 26, line 20, delete "IC 7.1-8-2-4." and insert "IC 35-48-8-4.".
   Page 26, line 23, after "6.6." insert "(a)".
   Page 26, between lines 24 and 25, begin a new paragraph and insert:
   "(b) The term includes hemp as defined in IC 35-48-1.1-29.".
   Page 27, line 7, delete "Indiana. Industrial hemp" and insert
ES 250—LS 7117/DI 107
                              38
"Indiana. Hemp".
   Page 27, line 18, delete "and industrial".
   Page 27, line 19, delete "hemp or" and insert "or".
   Page 27, line 24, delete "and industrial hemp." and insert ".".
   Page 27, line 32, after "grower's" insert "or hemp handler's".
   Page 27, line 40, after "coordinates" insert ", including the
geospatial decimal format,".
   Page 27, line 41, strike "property used".
   Page 27, line 41, delete "including" and insert "following:
    (A) Site by field.
    (B) Storage site.
    (C) Receiving site.
    (D) Staging site.
    (E) Sites similar to the sites listed in clauses (A) through
    (D).".
   Page 27, delete line 42.
   Page 28, delete lines 1 through 6.
   Page 28, line 12, after "convicted" insert ",".
   Page 28, line 12, strike "of".
   Page 28, line 13, delete "any of the".
   Page 28, line 14, delete "following".
   Page 28, line 14, delete "and the" and insert "of:".
   Page 28, delete lines 15 through 16.
   Page 28, line 22, delete "felony." and insert "felony;
 for which the applicant's conviction has not been expunged
 under IC 35-38-9.".
   Page 29, line 6, delete "for:" and insert "for, but not limited to:".
   Page 29, line 9, delete "or".
   Page 29, line 10, delete "oil." and insert "oil; or
    (E) hemp derived cannabinoid products.".
   Page 29, line 21, after "growing" insert "industrial".
   Page 30, delete lines 17 through 25, begin a new line block indented
and insert:
 "(5) has been convicted within five (5) years of the application
 date of:
    (A) a federal crime having a sentence of at least one (1)
    year;
    (B) a felony or a drug related misdemeanor under Indiana
    law; or
    (C) a crime in a state other than Indiana having a penalty
    equal to the penalty for a felony;
 and the conviction has not been expunged under IC 35-38-9;
ES 250—LS 7117/DI 107
                               39
  or".
Page 30, line 33, delete "a hemp" and insert "any hemp".
Page 31, delete lines 5 through 7, begin a new line block indented
and insert:
  "(2) Outdoor acreage or indoor square footage dedicated to
  the growing of hemp.".
Page 31, line 9, delete "other." and insert "another specified use.".
Page 35, line 27, delete "The driver must hold a" and insert "A".
Page 35, line 29, delete "showing" and insert "identifying the
person".
Page 35, line 30, after "delivered," insert "including the person's".
Page 35, line 30, delete "address," and insert "address and".
Page 35, line 31, delete "variety of hemp, and quantity of hemp."
and insert "and the variety and quantity of the industrial hemp.".
Page 36, delete lines 15 through 18, begin a new paragraph and
insert:
"(b) The state seed commissioner shall include:
  (1) the license number of the grower that produced the hemp;
  and
  (2) the license number of the hemp handler;
in the licensing documents described in subsection (a).".
Page 39, line 27, delete "under IC 7.1-8" and insert "as defined in
IC 35-48-8-4,".
Page 49, between lines 20 and 21, begin a new paragraph and insert:
"SECTION 46. IC 24-5-0.5-3, AS AMENDED BY P.L.104-2024,
SECTION 42, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 3. (a) A supplier may not commit an unfair,
abusive, or deceptive act, omission, or practice in connection with a
consumer transaction. Such an act, omission, or practice by a supplier
is a violation of this chapter whether it occurs before, during, or after
the transaction. An act, omission, or practice prohibited by this section
includes both implicit and explicit misrepresentations.
(b) Without limiting the scope of subsection (a), the following acts,
and the following representations as to the subject matter of a
consumer transaction, made orally, in writing, or by electronic
communication, by a supplier, are deceptive acts:
  (1) That such subject of a consumer transaction has sponsorship,
  approval, performance, characteristics, accessories, uses, or
  benefits it does not have which the supplier knows or should
  reasonably know it does not have.
  (2) That such subject of a consumer transaction is of a particular
  standard, quality, grade, style, or model, if it is not and if the
ES 250—LS 7117/DI 107
                             40
supplier knows or should reasonably know that it is not.
(3) That such subject of a consumer transaction is new or unused,
if it is not and if the supplier knows or should reasonably know
that it is not.
(4) That such subject of a consumer transaction will be supplied
to the public in greater quantity than the supplier intends or
reasonably expects.
(5) That replacement or repair constituting the subject of a
consumer transaction is needed, if it is not and if the supplier
knows or should reasonably know that it is not.
(6) That a specific price advantage exists as to such subject of a
consumer transaction, if it does not and if the supplier knows or
should reasonably know that it does not.
(7) That the supplier has a sponsorship, approval, or affiliation in
such consumer transaction the supplier does not have, and which
the supplier knows or should reasonably know that the supplier
does not have.
(8) That such consumer transaction involves or does not involve
a warranty, a disclaimer of warranties, or other rights, remedies,
or obligations, if the representation is false and if the supplier
knows or should reasonably know that the representation is false.
(9) That the consumer will receive a rebate, discount, or other
benefit as an inducement for entering into a sale or lease in return
for giving the supplier the names of prospective consumers or
otherwise helping the supplier to enter into other consumer
transactions, if earning the benefit, rebate, or discount is
contingent upon the occurrence of an event subsequent to the time
the consumer agrees to the purchase or lease.
(10) That the supplier is able to deliver or complete the subject of
the consumer transaction within a stated period of time, when the
supplier knows or should reasonably know the supplier could not.
If no time period has been stated by the supplier, there is a
presumption that the supplier has represented that the supplier
will deliver or complete the subject of the consumer transaction
within a reasonable time, according to the course of dealing or the
usage of the trade.
(11) That the consumer will be able to purchase the subject of the
consumer transaction as advertised by the supplier, if the supplier
does not intend to sell it.
(12) That the replacement or repair constituting the subject of a
consumer transaction can be made by the supplier for the estimate
the supplier gives a customer for the replacement or repair, if the
ES 250—LS 7117/DI 107
                              41
specified work is completed and:
   (A) the cost exceeds the estimate by an amount equal to or
   greater than ten percent (10%) of the estimate;
   (B) the supplier did not obtain written permission from the
   customer to authorize the supplier to complete the work even
   if the cost would exceed the amounts specified in clause (A);
   (C) the total cost for services and parts for a single transaction
   is more than seven hundred fifty dollars ($750); and
   (D) the supplier knew or reasonably should have known that
   the cost would exceed the estimate in the amounts specified in
   clause (A).
(13) That the replacement or repair constituting the subject of a
consumer transaction is needed, and that the supplier disposes of
the part repaired or replaced earlier than seventy-two (72) hours
after both:
   (A) the customer has been notified that the work has been
   completed; and
   (B) the part repaired or replaced has been made available for
   examination upon the request of the customer.
(14) Engaging in the replacement or repair of the subject of a
consumer transaction if the consumer has not authorized the
replacement or repair, and if the supplier knows or should
reasonably know that it is not authorized.
(15) The act of misrepresenting the geographic location of the
supplier by listing an alternate business name or an assumed
business name (as described in IC 23-0.5-3-4) in a local telephone
directory if:
   (A) the name misrepresents the supplier's geographic location;
   (B) the listing fails to identify the locality and state of the
   supplier's business;
   (C) calls to the local telephone number are routinely forwarded
   or otherwise transferred to a supplier's business location that
   is outside the calling area covered by the local telephone
   directory; and
   (D) the supplier's business location is located in a county that
   is not contiguous to a county in the calling area covered by the
   local telephone directory.
(16) The act of listing an alternate business name or assumed
business name (as described in IC 23-0.5-3-4) in a directory
assistance data base if:
   (A) the name misrepresents the supplier's geographic location;
   (B) calls to the local telephone number are routinely forwarded
ES 250—LS 7117/DI 107
                             42
   or otherwise transferred to a supplier's business location that
   is outside the local calling area; and
   (C) the supplier's business location is located in a county that
   is not contiguous to a county in the local calling area.
(17) The violation by a supplier of IC 24-3-4 concerning
cigarettes for import or export.
(18) The act of a supplier in knowingly selling or reselling a
product to a consumer if the product has been recalled, whether
by the order of a court or a regulatory body, or voluntarily by the
manufacturer, distributor, or retailer, unless the product has been
repaired or modified to correct the defect that was the subject of
the recall.
(19) The violation by a supplier of 47 U.S.C. 227, including any
rules or regulations issued under 47 U.S.C. 227.
(20) The violation by a supplier of the federal Fair Debt
Collection Practices Act (15 U.S.C. 1692 et seq.), including any
rules or regulations issued under the federal Fair Debt Collection
Practices Act (15 U.S.C. 1692 et seq.).
(21) A violation of IC 7.1-8 (concerning the manufacture,
distribution, and sale of hemp derived cannabinoid products),
as set forth in IC 7.1-8-20-5.
(21) (22) A violation of IC 24-5-7 (concerning health spa
services), as set forth in IC 24-5-7-17.
(22) (23) A violation of IC 24-5-8 (concerning business
opportunity transactions), as set forth in IC 24-5-8-20.
(23) (24) A violation of IC 24-5-10 (concerning home consumer
transactions), as set forth in IC 24-5-10-18.
(24) (25) A violation of IC 24-5-11 (concerning real property
improvement contracts), as set forth in IC 24-5-11-14.
(25) (26) A violation of IC 24-5-12 (concerning telephone
solicitations), as set forth in IC 24-5-12-23.
(26) (27) A violation of IC 24-5-13.5 (concerning buyback motor
vehicles), as set forth in IC 24-5-13.5-14.
(27) (28) A violation of IC 24-5-14 (concerning automatic
dialing-announcing devices), as set forth in IC 24-5-14-13.
(28) (29) A violation of IC 24-5-15 (concerning credit services
organizations), as set forth in IC 24-5-15-11.
(29) (30) A violation of IC 24-5-16 (concerning unlawful motor
vehicle subleasing), as set forth in IC 24-5-16-18.
(30) (31) A violation of IC 24-5-17 (concerning environmental
marketing claims), as set forth in IC 24-5-17-14.
(31) (32) A violation of IC 24-5-19 (concerning deceptive
ES 250—LS 7117/DI 107
                               43
  commercial solicitation), as set forth in IC 24-5-19-11.
  (32) (33) A violation of IC 24-5-21 (concerning prescription drug
  discount cards), as set forth in IC 24-5-21-7.
  (33) (34) A violation of IC 24-5-23.5-7 (concerning real estate
  appraisals), as set forth in IC 24-5-23.5-9.
  (34) (35) A violation of IC 24-5-26 (concerning identity theft), as
  set forth in IC 24-5-26-3.
  (35) (36) A violation of IC 24-5.5 (concerning mortgage rescue
  fraud), as set forth in IC 24-5.5-6-1.
  (36) (37) A violation of IC 24-8 (concerning promotional gifts
  and contests), as set forth in IC 24-8-6-3.
  (37) (38) A violation of IC 21-18.5-6 (concerning representations
  made by a postsecondary credit bearing proprietary educational
  institution), as set forth in IC 21-18.5-6-22.5.
  (38) (39) A violation of IC 24-5-15.5 (concerning collection
  actions of a plaintiff debt buyer), as set forth in IC 24-5-15.5-6.
  (39) (40) A violation of IC 24-14 (concerning towing services), as
  set forth in IC 24-14-10-1.
  (40) (41) A violation of IC 24-5-14.5 (concerning misleading or
  inaccurate caller identification information), as set forth in
  IC 24-5-14.5-12.
  (41) (42) A violation of IC 24-5-27 (concerning intrastate inmate
  calling services), as set forth in IC 24-5-27-27.
  (42) (43) A violation of IC 15-21 (concerning sales of dogs by
  retail pet stores), as set forth in IC 15-21-7-4.
  (43) (44) A violation of IC 24-4-23 (concerning the security of
  information collected and transmitted by an adult oriented website
  operator), as set forth in IC 24-4-23-14.
   (c) Any representations on or within a product or its packaging or
in advertising or promotional materials which would constitute a
deceptive act shall be the deceptive act both of the supplier who places
such representation thereon or therein, or who authored such materials,
and such other suppliers who shall state orally or in writing that such
representation is true if such other supplier shall know or have reason
to know that such representation was false.
   (d) If a supplier shows by a preponderance of the evidence that an
act resulted from a bona fide error notwithstanding the maintenance of
procedures reasonably adopted to avoid the error, such act shall not be
deceptive within the meaning of this chapter.
   (e) It shall be a defense to any action brought under this chapter that
the representation constituting an alleged deceptive act was one made
in good faith by the supplier without knowledge of its falsity and in
ES 250—LS 7117/DI 107
                               44
reliance upon the oral or written representations of the manufacturer,
the person from whom the supplier acquired the product, any testing
organization, or any other person provided that the source thereof is
disclosed to the consumer.
(f) For purposes of subsection (b)(12), a supplier that provides
estimates before performing repair or replacement work for a customer
shall give the customer a written estimate itemizing as closely as
possible the price for labor and parts necessary for the specific job
before commencing the work.
(g) For purposes of subsection (b)(15) and (b)(16), a telephone
company or other provider of a telephone directory or directory
assistance service or its officer or agent is immune from liability for
publishing the listing of an alternate business name or assumed
business name of a supplier in its directory or directory assistance data
base unless the telephone company or other provider of a telephone
directory or directory assistance service is the same person as the
supplier who has committed the deceptive act.
(h) For purposes of subsection (b)(18), it is an affirmative defense
to any action brought under this chapter that the product has been
altered by a person other than the defendant to render the product
completely incapable of serving its original purpose.
SECTION 47. IC 24-5-0.5-4, AS AMENDED BY P.L.186-2025,
SECTION 133, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 4. (a) A person relying upon an
uncured or incurable deceptive act may bring an action for the damages
actually suffered as a consumer as a result of the deceptive act or five
hundred dollars ($500), whichever is greater. The court may increase
damages for a willful deceptive act in an amount that does not exceed
the greater of:
   (1) three (3) times the actual damages of the consumer suffering
   the loss; or
   (2) one thousand dollars ($1,000).
Except as provided in subsection (k), the court may award reasonable
attorney's fees to the party that prevails in an action under this
subsection. This subsection does not apply to a consumer transaction
in real property, including a claim or action involving a construction
defect (as defined in IC 32-27-3-1(5)) brought against a construction
professional (as defined in IC 32-27-3-1(4)), except for purchases of
time shares and camping club memberships. This subsection does not
apply with respect to a deceptive act described in section 3(b)(20) of
this chapter. This subsection also does not apply to a violation of
IC 24-4.7, IC 24-5-12, IC 24-5-14, or IC 24-5-14.5. Actual damages
ES 250—LS 7117/DI 107
                              45
awarded to a person under this section have priority over any civil
penalty imposed under this chapter.
(b) Any person who is entitled to bring an action under subsection
(a) on the person's own behalf against a supplier for damages for a
deceptive act may bring a class action against such supplier on behalf
of any class of persons of which that person is a member and which has
been damaged by such deceptive act, subject to and under the Indiana
Rules of Trial Procedure governing class actions, except as herein
expressly provided. Except as provided in subsection (k), the court may
award reasonable attorney's fees to the party that prevails in a class
action under this subsection, provided that such fee shall be determined
by the amount of time reasonably expended by the attorney and not by
the amount of the judgment, although the contingency of the fee may
be considered. Except in the case of an extension of time granted by the
attorney general under IC 24-10-2-2(b) in an action subject to IC 24-10,
any money or other property recovered in a class action under this
subsection which cannot, with due diligence, be restored to consumers
within one (1) year after the judgment becomes final shall be returned
to the party depositing the same. This subsection does not apply to a
consumer transaction in real property, except for purchases of time
shares and camping club memberships. This subsection does not apply
with respect to a deceptive act described in section 3(b)(20) of this
chapter. Actual damages awarded to a class have priority over any civil
penalty imposed under this chapter.
(c) The attorney general may bring an action to enjoin an unfair,
abusive, or deceptive act, omission, or practice in connection with a
consumer transaction, including a deceptive act described in section
3(b)(20) of this chapter, notwithstanding subsections (a) and (b).
However, the attorney general may seek to enjoin patterns of incurable
deceptive acts with respect to consumer transactions in real property.
In addition, the court may:
  (1) issue an injunction;
  (2) order the supplier to make payment of the money unlawfully
  received from the aggrieved consumers to be held in escrow for
  distribution to aggrieved consumers;
  (3) for a knowing violation against a senior consumer, increase
  the amount of restitution ordered under subdivision (2) in any
  amount up to three (3) times the amount of damages incurred or
  value of property or assets lost;
  (4) order the supplier to pay to the state the reasonable costs of
  the attorney general's investigation and prosecution, expert fees,
  and court fees related to the action;
ES 250—LS 7117/DI 107
                                46
  (5) provide for the appointment of a receiver; and
  (6) order the department of state revenue to suspend the supplier's
  registered retail merchant certificate, subject to the requirements
  and prohibitions contained in IC 6-2.5-8-7(a)(5), if the court finds
  that a violation of this chapter involved the sale or solicited sale
  of a synthetic drug (as defined in IC 35-31.5-2-321), a synthetic
  drug lookalike substance (as defined in IC 35-31.5-2-321.5
  (repealed)) (before July 1, 2019), a controlled substance analog
  (as defined in IC 35-48-1.1-8), or a substance represented to be a
  controlled substance (as described in IC 35-48-4-4.6).
   (d) In an action under subsection (a), (b), (c), or (n) the court may
void or limit the application of contracts or clauses resulting from
deceptive acts and order restitution to be paid to aggrieved consumers.
   (e) In any action under subsection (a) or (b), upon the filing of the
complaint or on the appearance of any defendant, claimant, or any
other party, or at any later time, the trial court, the supreme court, or the
court of appeals may require the plaintiff, defendant, claimant, or any
other party or parties to give security, or additional security, in such
sum as the court shall direct to pay all costs, expenses, and
disbursements that shall be awarded against that party or which that
party may be directed to pay by any interlocutory order by the final
judgment or on appeal.
   (f) Any person who violates the terms of an injunction issued under
subsection (c) or (n) shall forfeit and pay to the state a civil penalty of
not more than fifteen thousand dollars ($15,000) per violation. For the
purposes of this section, the court issuing an injunction shall retain
jurisdiction, the cause shall be continued, and the attorney general
acting in the name of the state may petition for recovery of civil
penalties. Whenever the court determines that an injunction issued
under subsection (c) or (n) has been violated, the court shall award
reasonable costs to the state.
   (g) If a court finds any person has knowingly violated section 3 or
10 of this chapter, other than section 3(b)(19), 3(b)(20), or 3(b)(40)
3(b)(41) of this chapter, the attorney general, in an action pursuant to
subsection (c), may recover from the person on behalf of the state a
civil penalty of a fine not exceeding five thousand dollars ($5,000) per
violation.
   (h) If a court finds that a person has violated section 3(b)(19) of this
chapter, the attorney general, in an action under subsection (c), may
recover from the person on behalf of the state a civil penalty as follows:
  (1) For a knowing or intentional violation, one thousand five
  hundred dollars ($1,500).
ES 250—LS 7117/DI 107
                                 47
   (2) For a violation other than a knowing or intentional violation,
   five hundred dollars ($500).
A civil penalty recovered under this subsection shall be deposited in
the consumer protection division telephone solicitation fund
established by IC 24-4.7-3-6 to be used for the administration and
enforcement of section 3(b)(19) of this chapter.
(i) A senior consumer relying upon an uncured or incurable
deceptive act, including an act related to hypnotism, may bring an
action to recover treble damages, if appropriate.
(j) An offer to cure is:
   (1) not admissible as evidence in a proceeding initiated under this
   section unless the offer to cure is delivered by a supplier to the
   consumer or a representative of the consumer before the supplier
   files the supplier's initial response to a complaint; and
   (2) only admissible as evidence in a proceeding initiated under
   this section to prove that a supplier is not liable for attorney's fees
   under subsection (k).
If the offer to cure is timely delivered by the supplier, the supplier may
submit the offer to cure as evidence to prove in the proceeding in
accordance with the Indiana Rules of Trial Procedure that the supplier
made an offer to cure.
(k) A supplier may not be held liable for the attorney's fees and
court costs of the consumer that are incurred following the timely
delivery of an offer to cure as described in subsection (j) unless the
actual damages awarded, not including attorney's fees and costs, exceed
the value of the offer to cure.
(l) If a court finds that a person has knowingly violated section
3(b)(20) of this chapter, the attorney general, in an action under
subsection (c), may recover from the person on behalf of the state a
civil penalty not exceeding one thousand dollars ($1,000) per
consumer. In determining the amount of the civil penalty in any action
by the attorney general under this subsection, the court shall consider,
among other relevant factors, the frequency and persistence of
noncompliance by the debt collector, the nature of the noncompliance,
and the extent to which the noncompliance was intentional. A person
may not be held liable in any action by the attorney general for a
violation of section 3(b)(20) of this chapter if the person shows by a
preponderance of evidence that the violation was not intentional and
resulted from a bona fide error, notwithstanding the maintenance of
procedures reasonably adapted to avoid the error. A person may not be
held liable in any action for a violation of this chapter for contacting a
person other than the debtor, if the contact is made in compliance with
ES 250—LS 7117/DI 107
                               48
the Fair Debt Collection Practices Act.
   (m) If a court finds that a person has knowingly or intentionally
violated section 3(b)(40) 3(b)(41) of this chapter, the attorney general,
in an action under subsection (c), may recover from the person on
behalf of the state a civil penalty in accordance with
IC 24-5-14.5-12(b). As specified in IC 24-5-14.5-12(b), a civil penalty
recovered under IC 24-5-14.5-12(b) shall be deposited in the consumer
protection division telephone solicitation fund established by
IC 24-4.7-3-6 to be used for the administration and enforcement of
IC 24-5-14.5. In addition to the recovery of a civil penalty in
accordance with IC 24-5-14.5-12(b), the attorney general may also
recover reasonable attorney fees and court costs from the person on
behalf of the state. Those funds shall also be deposited in the consumer
protection division telephone solicitation fund established by
IC 24-4.7-3-6.
   (n) An action that arises from, or otherwise involves, an unfair,
abusive, or deceptive act, omission, or practice in connection with a
consumer transaction described in section 2(a)(1)(D)(i) of this chapter
may be brought and enforced only by the attorney general under this
subsection. An action that arises from, or otherwise involves, an unfair,
abusive, or deceptive act, omission, or practice in connection with a
consumer transaction described in section 2(a)(1)(D)(ii) of this chapter
may be brought and enforced only by an attorney acting on behalf of
the local law enforcement agency involved in the transaction, unless
the local unit of government served by the local law enforcement
agency requests the attorney general to bring and enforce an action
under this subsection on behalf of the local unit. In addition, the court
may:
  (1) issue an injunction;
  (2) order the supplier to make payment of the money unlawfully
  received from the aggrieved consumers to be held in escrow for
  distribution to aggrieved consumers; or
  (3) order the supplier to pay to:
      (A) the attorney acting on behalf of the local law enforcement
      agency; or
      (B) the attorney general for the state;
  as applicable, the reasonable costs of the attorney's or the attorney
  general's investigation and prosecution, expert fees, and court fees
  related to the action.
The time for bringing an action under subsection (c), as set forth in
section 5(b) of this chapter, applies to an action brought under this
subsection.".
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                               49
Page 51, line 2, delete "IC 35-48-8," and insert "this title,".
Page 51, line 6, delete "IC 35-48-8," and insert "this title,".
Page 51, line 11, delete "IC 35-48-8," and insert "this title,".
Page 53, delete lines 26 through 33.
Page 54, line 25, delete "IC 7.1-8-2-4);" and insert "IC 35-48-8-4);".
Page 56, line 20, delete "IC 7.1-8-2-4." and insert "IC 35-48-8-4.".
Page 57, line 33, delete "IC 7.1-8-2-4." and insert "IC 35-48-8-4.".
Page 60, line 18, delete "extenion" and insert "exclusio".
Page 60, line 36, delete "grown" and insert "growing".
Page 61, line 23, delete "or".
Page 61, line 39, delete "." and insert "; or
  (5) smokable hemp.".
Page 61, line 40, delete "any" and insert "a product derived from,
or made by, processing hemp plants or hemp plant parts including
derivatives, extracts, cannabinoids, isomers, acids, salts, and salts
of isomers.
(b) The term includes any intermediate or final product derived
from hemp, other than industrial hemp, that:
  (1) contains cannabinoids in any form; and
  (2) is intended for human or animal use through any means of
  application or administration including:
     (A) inhalation;
     (B) ingestion; or
     (C) topical application.
(c) The term includes cannabidiol, a CBD product, or a product
that contains a cannabidiol.
(d) The term does not include:
  (1) smokable hemp (as defined in IC 35-48-1.1-38);
  (2) products that contain a total tetrahydrocannabinol
  concentration of more than three-tenths of one percent (0.3%)
  on a dry weight basis; or
  (3) a drug that is the subject of an application approved under
  subsection (c) or (j) of Section 505 of the federal Food, Drug,
  and Cosmetic Act (21 U.S.C. 355).".
Page 61, delete lines 41 through 42.
Page 62, delete lines 1 through 6.
Page 63, line 2, delete ";" and insert ":".
Page 63, line 33, after "and" insert "either:
  (1)".
ES 250—LS 7117/DI 107
                               50
   Page 63, line 35, delete "pounds or" and insert "pounds; or
 (2)".
   Renumber all SECTIONS consecutively.
and when so amended that said bill do pass and be reassigned to the
Senate Committee on Appropriations.
   (Reference is to SB 250 as introduced.)
                                        BUCHANAN, Chairperson
Committee Vote: Yeas 7, Nays 2.
                           _____
                   COMMITTEE REPORT
   Mr. President: The Senate Committee on Appropriations, to which
was referred Senate Bill No. 250, has had the same under consideration
and begs leave to report the same back to the Senate with the
recommendation that said bill be AMENDED as follows:
   Page 1, between lines 8 and 9, begin a new paragraph and insert:
   "SECTION 2. IC 7.1-3-23-2, AS AMENDED BY P.L.285-2019,
SECTION 45, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 2. (a) Except as otherwise provided in IC 7.1-8
for purposes of IC 7.1-8, the commission may:
  (1) fine or suspend or revoke the permit or certificate of; or
  (2) fine and suspend or revoke the permit or certificate of;
a permittee for the violation of a provision of this title or of a rule or
regulation of the commission. The commission may fine a permittee for
each day the violation continues if the violation is of a continuing
nature.
   (b) The commission shall revoke the permit of a permittee for the
violation of IC 35-45-5-3, IC 35-45-5-3.5, or IC 35-45-5-4. A finding
that a permittee has violated IC 35-45-5-3, IC 35-45-5-3.5, or
IC 35-45-5-4 must be supported by a preponderance of the evidence.
   SECTION 3. IC 7.1-4-7-4, AS AMENDED BY P.L.224-2005,
SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 4. (a) Except as provided in subsection (b), and
except as otherwise provided in IC 7.1-8 for purposes of IC 7.1-8,
the chairman and the department shall deposit the money collected
under sections 1, 2, and 3 of this chapter daily with the treasurer of
state, and not later than the fifth day of the following month shall
ES 250—LS 7117/DI 107
                              51
cover:
  (1) thirty-four percent (34%) of the money collected under section
  1 of this chapter into the enforcement and administration fund
  established under IC 7.1-4-10-1; and
  (2) sixty-six percent (66%) of the money collected under section
  1 of this chapter and money collected under sections 2 and 3 of
  this chapter into the state general fund for state general fund
  purposes.
   (b) The chairman and the department shall deposit all money
collected under IC 7.1-2-5-3, IC 7.1-2-5-8, IC 7.1-3-17.5,
IC 7.1-3-17.7, IC 7.1-3-22-9, and IC 7.1-4-4.1-5 daily with the treasurer
of state, and not later than the fifth day of the following month shall
cover the money into the enforcement and administration fund
established under IC 7.1-4-10-1.".
   Page 7, line 39, delete "an" and insert "a law".
   Page 25, line 27, delete "industrial".
   Page 26, line 29, delete "(a)".
   Page 26, delete line 31.
   Page 65, line 18, delete "marijuana." and insert "marijuana or
tetrahydrocannabinol.".
   Renumber all SECTIONS consecutively.
and when so amended that said bill do pass.
   (Reference is to SB 250 as printed January 16, 2026.)
                                            GARTEN, Chairperson
Committee Vote: Yeas 7, Nays 4.
                          _____
                   COMMITTEE REPORT
   Mr. Speaker: Your Committee on Courts and Criminal Code, to
which was referred Senate Bill 250, has had the same under
consideration and begs leave to report the same back to the House with
the recommendation that said bill be amended as follows:
   Page 1, delete lines 9 through 15, begin a new paragraph and insert:
   "SECTION 2. IC 7.1-5-7-0.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2026]: Sec. 0.5. This chapter does not apply to a substance that
meets all of the following requirements:
ES 250—LS 7117/DI 107
                              52
  (1) The substance contains cannabidiol or cannabigerol.
  (2) The substance does not contain THC or any other
  cannabinoids.
  (3) The substance does not contain alcohol or any other
  controlled substances.
   SECTION 3. IC 7.1-5-7-7, AS AMENDED BY P.L.159-2014,
SECTION 49, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 7. (a) Subject to IC 7.1-5-1-6.5, it is a Class C
misdemeanor for a minor to knowingly:
  (1) possess an alcoholic beverage or a product containing THC;
  (2) consume an alcoholic beverage or a product containing
  THC; or
  (3) transport an alcoholic beverage or a product containing
  THC on a public highway when not accompanied by at least one
  (1) of the minor's parents or guardians.
   (b) If a minor is found to have violated subsection (a)(2) or (a)(3)
while operating a vehicle, the court may order the minor's driving
privileges suspended for up to one (1) year. However, if the minor is
less than eighteen (18) years of age, the court shall order the minor's
driving privileges suspended for at least sixty (60) days.
   (c) The court shall deliver any order suspending a minor's driving
privileges under this section to the bureau of motor vehicles, which
shall suspend the minor's driving privileges under IC 9-24-18-12.2 for
the period ordered by the court.
   SECTION 4. IC 7.1-5-7-8, AS AMENDED BY P.L.32-2019,
SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 8. (a) It is a Class B misdemeanor for a person to
recklessly, knowingly, or intentionally sell, barter, exchange, provide,
or furnish an alcoholic beverage or a product containing THC to a
minor.
   (b) However, the offense described in subsection (a) is:
  (1) a Class A misdemeanor if the person has a prior unrelated
  conviction under this section; and
  (2) a Level 6 felony if the consumption, ingestion, or use of the
  alcoholic beverage or product containing THC is the proximate
  cause of the serious bodily injury or death of any person.
   (c) A person who knowingly or intentionally:
  (1) rents property; or
  (2) provides or arranges for the use of property;
for the purpose of allowing or enabling a minor to consume an
alcoholic beverage or a product containing THC on the property
commits a Class C infraction. However, the violation is a Class B
ES 250—LS 7117/DI 107
                               53
misdemeanor if the person has a prior unrelated adjudication or
conviction for a violation of this section within the previous five (5)
years.
(d) This section shall not be construed to impose civil liability upon
any postsecondary educational institution, including public and private
universities and colleges, business schools, vocational schools, and
schools for continuing education, or its agents for injury to any person
or property sustained in consequence of a violation of this section
unless the institution or its agent:
  (1) sells, barters, exchanges, provides, or furnishes an alcoholic
  beverage or a product containing THC to a minor; or
  (2) either:
     (A) rents property; or
     (B) provides or arranges for the use of property;
  for the purpose of allowing or enabling a minor to consume an
  alcoholic beverage or a product containing THC on the
  property.
SECTION 5. IC 7.1-5-7-15 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 15. A person
twenty-one (21) years of age or older who knowingly or intentionally
encourages, aids, or induces a minor to unlawfully possess an alcoholic
beverage or a product containing THC commits a Class C infraction.
SECTION 6. IC 7.1-5-7-16, AS AMENDED BY P.L.216-2011,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 16. The commission shall conduct random
unannounced inspections at locations where alcoholic beverages or
products containing THC are sold or distributed to ensure compliance
with this title. Only the commission may conduct the random
unannounced inspections. The commission may use retired or off duty
law enforcement officers to conduct inspections under this section.
SECTION 7. IC 7.1-5-7-18 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2026]: Sec. 18. (a) A law enforcement officer vested with full
police powers and duties may engage an individual who is:
  (1) at least sixteen (16) years of age; and
  (2) less than twenty-one (21) years of age;
to receive or purchase a product that contains any amount of THC
as part of an enforcement action.
(b) The initial or contemporaneous receipt or purchase of a
product that contains any amount of THC must:
  (1) occur under the direction of a law enforcement officer
  vested with full police powers and duties; and
ES 250—LS 7117/DI 107
                               54
  (2) be a part of the enforcement action.
SECTION 8. IC 15-15-13-6, AS AMENDED BY P.L.190-2019,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
NOVEMBER 12, 2026]: Sec. 6. As used in this chapter, "hemp" means
the plant Cannabis sativa L. and any part of that plant, including the
seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids,
salts, and salts of isomers, whether growing or not, with a
delta-9-tetrahydrocannabinol concentration of not more than
three-tenths of one percent (0.3%) on a dry weight basis, for any part
of the Cannabis sativa L. plant. has the meaning set forth in
IC 35-48-8-3.
SECTION 9. IC 15-15-13-6.5, AS AMENDED BY P.L.186-2025,
SECTION 104, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE NOVEMBER 12, 2026]: Sec. 6.5. As used in this
chapter, "hemp product" means a product derived from, or made by,
processing hemp plants or plant parts including derivatives, extracts,
cannabinoids, isomers, acids, salts, and salts of isomers. However, the
term does not include:
  (1) smokable hemp (as defined by IC 35-48-1.1-38); or
  (2) products that contain a total delta-9-tetrahydrocannabinol
  tetrahydrocannabinol (THC) concentration of more than
  three-tenths of one percent (0.3%) by weight.
SECTION 10. IC 15-15-13-9, AS AMENDED BY P.L.190-2019,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
NOVEMBER 12, 2026]: Sec. 9. (a) An agricultural hemp seed
production license issued under this chapter authorizes a grower or
handler to produce and handle agricultural hemp seed for sale to
licensed hemp growers and handlers. A seller of agricultural hemp seed
shall ensure that the seed complies with any standards set by the state
seed commissioner. The state seed commissioner shall make available
to growers information that identifies sellers of agricultural hemp seed.
(b) A person who sells agricultural hemp seed to a grower must be
a seed distributor who has a permit under IC 15-15-1-34.
(c) All growers and handlers must keep records in accordance with
rules adopted by the state seed commissioner. Upon at least three (3)
days notice, the state seed commissioner may audit the required records
during normal business hours. The state seed commissioner may
conduct an audit for the purpose of ensuring compliance with:
  (1) this chapter;
  (2) rules adopted by the state seed commissioner; or
  (3) hemp license or agricultural hemp seed production license
  requirements, terms, and conditions.
ES 250—LS 7117/DI 107
                                55
 (d) In addition to an audit conducted in accordance with subsection
(c), the state seed commissioner may inspect independently, or in
cooperation with the state police department, a federal law enforcement
agency, or a local law enforcement agency, any hemp crop during the
crop's growth phase and take a representative composite sample for
f i e l d a n a l ys i s . If a c rop c on t a i n s a n a ve r a ge
delta-9-tetrahydrocannabinol (THC) total tetrahydrocannabinol
(THC) concentration exceeding three-tenths of one percent (0.3%) on
a dry weight basis, the state seed commissioner may detain, seize, or
embargo the crop.
 (e) The state seed commissioner may revoke a license issued under
this chapter to a person that fails to cooperate with:
     (1) the state seed commissioner;
     (2) the state police;
     (3) a federal law enforcement agency; or
     (4) a local law enforcement agency;
in an inspection, or in the taking of a sample, under subsection (d).
 (f) A failure to cooperate described in subsection (e) constitutes
probable cause for the state seed commissioner, state police, federal
law enforcement agency, or local law enforcement agency to search the
premises of the licensee's hemp operation.
 (g) If the state police department, a federal law enforcement agency,
or a local law enforcement agency cooperates with the state seed
commissioner in the detention, seizure, or embargo of a crop under this
section:
     (1) the state police department, federal law enforcement agency,
     or local law enforcement agency; and
     (2) any officer or employee of the state police department, federal
     law enforcement agency, or local law enforcement agency who is
     involved in the detention, seizure, or embargo;
is immune from civil liability for the detention, seizure, or embargo.
 (h) The state seed commissioner may order a hemp crop that is
detained, seized, or embargoed for noncompliance with this chapter to
be destroyed by the owner. However, except as prohibited by federal
law, the grower may appeal to the state seed commissioner for the
hemp crop to be diverted to a willing licensed processor for processing
and sale for industrial use. A hemp crop that is detained, seized, or
embargoed may not be used for cannabidiol, other extracts, oil, food,
or cosmetic products that are used for humans or animals.
 (i) A grower shall reimburse the state seed commissioner for the
cost of testing conducted on the grower's crop under this section.
 SECTION 11. IC 15-15-13-12, AS AMENDED BY P.L.156-2020,
ES 250—LS 7117/DI 107
                               56
SECTION 63, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
NOVEMBER 12, 2026]: Sec. 12. The state seed commissioner is
responsible for the following:
  (1) Monitoring the hemp grown by any license holder.
  (2) Conducting random testing of the hemp for compliance with
  tetrahydrocannabinol (THC) levels. The state seed commissioner
  may enter into agreements with one (1) or more laboratories
  selected by the Indiana state police department to perform testing
  under this subdivision.
  (3) Establishing necessary testing criteria and protocols, including
  a procedure for testing, using post decarboxylation or other
  similarly reliable methods, for delta-9-tetrahydrocannabinol total
  tetrahydrocannabinol (THC) concentration levels of the hemp
  produced.
  (4) Establishing the minimum number of acres to be planted
  under each license issued under this chapter.
  (5) Regulating any propagative material of a hemp plant.
   SECTION 12. IC 16-31-3-14, AS AMENDED BY P.L.186-2025,
SECTION 109, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE NOVEMBER 12, 2026]: Sec. 14. (a) A person holding
a certificate or license issued under this article must comply with the
applicable standards and rules established under this article. A
certificate holder or license holder is subject to disciplinary sanctions
under subsection (b) if the department of homeland security determines
that the certificate holder or license holder:
  (1) engaged in or knowingly cooperated in fraud or material
  deception in order to obtain a certificate or license, including
  cheating on a certification or licensure examination;
  (2) engaged in fraud or material deception in the course of
  professional services or activities;
  (3) advertised services or goods in a false or misleading manner;
  (4) falsified or knowingly allowed another person to falsify
  attendance records or certificates of completion of continuing
  education courses required under this article or rules adopted
  under this article;
  (5) is convicted of a crime, if the act that resulted in the
  conviction has a direct bearing on determining if the certificate
  holder or license holder should be entrusted to provide emergency
  medical services;
  (6) is convicted of violating IC 9-19-14.5;
  (7) fails to comply and maintain compliance with or violates any
  applicable provision, standard, or other requirement of this article
ES 250—LS 7117/DI 107
                               57
 or rules adopted under this article;
 (8) continues to practice if the certificate holder or license holder
 becomes unfit to practice due to:
     (A) professional incompetence that includes the undertaking
     of professional activities that the certificate holder or license
     holder is not qualified by training or experience to undertake;
     (B) failure to keep abreast of current professional theory or
     practice;
     (C) physical or mental disability; or
     (D) addiction to, abuse of, or dependency on alcohol or other
     drugs that endanger the public by impairing the certificate
     holder's or license holder's ability to practice safely;
 (9) engages in a course of lewd or immoral conduct in connection
 with the delivery of services to the public;
 (10) allows the certificate holder's or license holder's name or a
 certificate or license issued under this article to be used in
 connection with a person who renders services beyond the scope
 of that person's training, experience, or competence;
 (11) is subjected to disciplinary action in another state or
 jurisdiction on grounds similar to those contained in this chapter.
 For purposes of this subdivision, a certified copy of a record of
 disciplinary action constitutes prima facie evidence of a
 disciplinary action in another jurisdiction;
 (12) assists another person in committing an act that would
 constitute a ground for disciplinary sanction under this chapter;
 (13) allows a certificate or license issued by the commission to
 be:
     (A) used by another person; or
     (B) displayed to the public when the certificate or license is
     expired, inactive, invalid, revoked, or suspended; or
 (14) fails to notify the department in writing of any misdemeanor
 or felony criminal conviction, except traffic related misdemeanors
 other than operating a motor vehicle under the influence of a drug
 or alcohol, within ninety (90) days after the entry of an order or
 judgment. A certified copy of the order or judgment with a letter
 of explanation must be submitted to the department along with the
 written notice.
   (b) The department of homeland security may issue an order under
IC 4-21.5-3-6 to impose one (1) or more of the following sanctions if
the department of homeland security determines that a certificate
holder or license holder is subject to disciplinary sanctions under
subsection (a):
ES 250—LS 7117/DI 107
                               58
  (1) Revocation of a certificate holder's certificate or license
  holder's license for a period not to exceed seven (7) years.
  (2) Suspension of a certificate holder's certificate or license
  holder's license for a period not to exceed seven (7) years.
  (3) Censure of a certificate holder or license holder.
  (4) Issuance of a letter of reprimand.
  (5) Assessment of a civil penalty against the certificate holder or
  license holder in accordance with the following:
      (A) The civil penalty may not exceed five hundred dollars
      ($500) per day per violation.
      (B) If the certificate holder or license holder fails to pay the
      civil penalty within the time specified by the department of
      homeland security, the department of homeland security may
      suspend the certificate holder's certificate or license holder's
      license without additional proceedings.
  (6) Placement of a certificate holder or license holder on
  probation status and requirement of the certificate holder or
  license holder to:
      (A) report regularly to the department of homeland security
      upon the matters that are the basis of probation;
      (B) limit practice to those areas prescribed by the department
      of homeland security;
      (C) continue or renew professional education approved by the
      department of homeland security until a satisfactory degree of
      skill has been attained in those areas that are the basis of the
      probation; or
      (D) perform or refrain from performing any acts, including
      community restitution or service without compensation, that
      the department of homeland security considers appropriate to
      the public interest or to the rehabilitation or treatment of the
      certificate holder or license holder.
  The department of homeland security may withdraw or modify
  this probation if the department of homeland security finds after
  a hearing that the deficiency that required disciplinary action is
  remedied or that changed circumstances warrant a modification
  of the order.
(c) If an applicant or a certificate holder or license holder has
engaged in or knowingly cooperated in fraud or material deception to
obtain a certificate or license, including cheating on the certification or
licensure examination, the department of homeland security may
rescind the certificate or license if it has been granted, void the
examination or other fraudulent or deceptive material, and prohibit the
ES 250—LS 7117/DI 107
                                59
applicant from reapplying for the certificate or license for a length of
time established by the department of homeland security.
(d) The department of homeland security may deny certification or
licensure to an applicant who would be subject to disciplinary sanctions
under subsection (b) if that person were a certificate holder or license
holder, has had disciplinary action taken against the applicant or the
applicant's certificate or license to practice in another state or
jurisdiction, or has practiced without a certificate or license in violation
of the law. A certified copy of the record of disciplinary action is
conclusive evidence of the other jurisdiction's disciplinary action.
(e) The department of homeland security may order a certificate
holder or license holder to submit to a reasonable physical or mental
examination if the certificate holder's or license holder's physical or
mental capacity to practice safely and competently is at issue in a
disciplinary proceeding. Failure to comply with a department of
homeland security order to submit to a physical or mental examination
makes a certificate holder or license holder liable to temporary
suspension under subsection (i).
(f) Except as provided under subsection (a), subsection (g), and
section 14.5 of this chapter, a certificate or license may not be denied,
revoked, or suspended because the applicant, certificate holder, or
license holder has been convicted of an offense. The acts from which
the applicant's, certificate holder's, or license holder's conviction
resulted may be considered as to whether the applicant or certificate
holder or license holder should be entrusted to serve the public in a
specific capacity.
(g) The department of homeland security may deny, suspend, or
revoke a certificate or license issued under this article if the individual
who holds or is applying for the certificate or license is convicted of
any of the following:
   (1) Possession of cocaine or a narcotic drug under IC 35-48-4-6.
   (2) Possession of methamphetamine under IC 35-48-4-6.1.
   (3) Possession of a controlled substance under IC 35-48-4-7(a).
   IC 35-48-4-7(b).
   (4) Fraudulently obtaining a controlled substance under
   IC 35-48-4-7(c). IC 35-48-4-7(d).
   (5) Manufacture of paraphernalia as a Class D felony (for a crime
   committed before July 1, 2014) or Level 6 felony (for a crime
   committed after June 30, 2014) under IC 35-48-4-8.1(c).
   (6) Dealing in paraphernalia as a Class D felony (for a crime
   committed before July 1, 2014) or Level 6 felony (for a crime
   committed after June 30, 2014) under IC 35-48-4-8.5(b).
ES 250—LS 7117/DI 107
                               60
   (7) Possession of paraphernalia as a Class D felony (for a crime
   committed before July 1, 2014) or Level 6 felony (for a crime
   committed after June 30, 2014) under IC 35-48-4-8.3(b) (before
   its amendment on July 1, 2015).
   (8) Possession of marijuana, hash oil, hashish, or salvia as a Class
   D felony (for a crime committed before July 1, 2014) or Level 6
   felony (for a crime committed after June 30, 2014) under
   IC 35-48-4-11.
   (9) A felony offense under IC 35-48-4 involving:
       (A) possession of a synthetic drug (as defined in
       IC 35-31.5-2-321);
       (B) possession of a synthetic drug lookalike substance (as
       defined in IC 35-31.5-2-321.5 (before its repeal on July 1,
       2019)) as a:
         (i) Class D felony (for a crime committed before July 1,
         2014); or
         (ii) Level 6 felony (for a crime committed after June 30,
         2014);
       under IC 35-48-4-11.5 (before its repeal on July 1, 2019); or
       (C) possession of a controlled substance analog (as defined in
       IC 35-48-1.1-8).
   (10) Maintaining a common nuisance under IC 35-48-4-13
   (repealed) or IC 35-45-1-5, if the common nuisance involves a
   controlled substance.
   (11) An offense relating to registration, labeling, and prescription
   forms under IC 35-48-4-14.
(h) A decision of the department of homeland security under
subsections (b) through (g) may be appealed to the commission under
IC 4-21.5-3-7.
(i) The department of homeland security may temporarily suspend
a certificate holder's certificate or license holder's license under
IC 4-21.5-4 before a final adjudication or during the appeals process if
the department of homeland security finds that a certificate holder or
license holder would represent a clear and immediate danger to the
public's health, safety, or property if the certificate holder or license
holder were allowed to continue to practice.
(j) On receipt of a complaint or information alleging that a person
certified or licensed under this chapter or IC 16-31-3.5 has engaged in
or is engaging in a practice that is subject to disciplinary sanctions
under this chapter, the department of homeland security must initiate
an investigation against the person.
(k) The department of homeland security shall conduct a factfinding
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investigation as the department of homeland security considers proper
in relation to the complaint.
(l) The department of homeland security may reinstate a certificate
or license that has been suspended under this section if the department
of homeland security is satisfied that the applicant is able to practice
with reasonable skill, competency, and safety to the public. As a
condition of reinstatement, the department of homeland security may
impose disciplinary or corrective measures authorized under this
chapter.
(m) The department of homeland security may not reinstate a
certificate or license that has been revoked under this chapter.
(n) The department of homeland security must be consistent in the
application of sanctions authorized in this chapter. Significant
departures from prior decisions involving similar conduct must be
explained in the department of homeland security's findings or orders.
(o) A certificate holder may not surrender the certificate holder's
certificate, and a license holder may not surrender the license holder's
license, without the written approval of the department of homeland
security, and the department of homeland security may impose any
conditions appropriate to the surrender or reinstatement of a
surrendered certificate or license.
(p) For purposes of this section, "certificate holder" means a person
who holds:
   (1) an unlimited certificate;
   (2) a limited or probationary certificate; or
   (3) an inactive certificate.
(q) For purposes of this section, "license holder" means a person
who holds:
   (1) an unlimited license;
   (2) a limited or probationary license; or
   (3) an inactive license.
SECTION 13. IC 22-15-5-16, AS AMENDED BY P.L.186-2025,
SECTION 123, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE NOVEMBER 12, 2026]: Sec. 16. (a) A practitioner shall
comply with the standards established under this licensing program. A
practitioner is subject to the exercise of the disciplinary sanctions under
IC 22-12-7-7 if the department finds that a practitioner has:
   (1) engaged in or knowingly cooperated in fraud or material
   deception in order to obtain a license to practice, including
   cheating on a licensing examination;
   (2) engaged in fraud or material deception in the course of
   professional services or activities;
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 (3) advertised services or goods in a false or misleading manner;
 (4) falsified or knowingly allowed another person to falsify
 attendance records or certificates of completion of continuing
 education courses provided under this chapter;
 (5) been convicted of a crime that has a direct bearing on the
 practitioner's ability to continue to practice competently;
 (6) knowingly violated a state statute or rule or federal statute or
 regulation regulating the profession for which the practitioner is
 licensed;
 (7) continued to practice although the practitioner has become
 unfit to practice due to:
     (A) professional incompetence;
     (B) failure to keep abreast of current professional theory or
     practice;
     (C) physical or mental disability; or
     (D) addiction to, abuse of, or severe dependency on alcohol or
     other drugs that endanger the public by impairing a
     practitioner's ability to practice safely;
 (8) engaged in a course of lewd or immoral conduct in connection
 with the delivery of services to the public;
 (9) allowed the practitioner's name or a license issued under this
 chapter to be used in connection with an individual or business
 who renders services beyond the scope of that individual's or
 business's training, experience, or competence;
 (10) had disciplinary action taken against the practitioner or the
 practitioner's license to practice in another state or jurisdiction on
 grounds similar to those under this chapter;
 (11) assisted another person in committing an act that would
 constitute a ground for disciplinary sanction under this chapter;
 or
 (12) allowed a license issued by the department to be:
     (A) used by another person; or
     (B) displayed to the public when the license has expired, is
     inactive, is invalid, or has been revoked or suspended.
For purposes of subdivision (10), a certified copy of a record of
disciplinary action constitutes prima facie evidence of a disciplinary
action in another jurisdiction.
   (b) If an applicant or a practitioner has engaged in or knowingly
cooperated in fraud or material deception to obtain a license to
practice, including cheating on the licensing examination, the
department may rescind the license if it has been granted, void the
examination or other fraudulent or deceptive material, and prohibit the
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applicant from reapplying for the license for a length of time
established by the department.
(c) The department may deny licensure to an applicant who has had
disciplinary action taken against the applicant or the applicant's license
to practice in another state or jurisdiction or who has practiced without
a license in violation of the law. A certified copy of the record of
disciplinary action is conclusive evidence of the other jurisdiction's
disciplinary action.
(d) The department may order a practitioner to submit to a
reasonable physical or mental examination if the practitioner's physical
or mental capacity to practice safely and competently is at issue in a
disciplinary proceeding. Failure to comply with a department order to
submit to a physical or mental examination makes a practitioner liable
to temporary suspension under subsection (h).
(e) Except as provided under subsection (f) or (g), a license may not
be denied, revoked, or suspended because the applicant or holder has
been convicted of an offense. The acts from which the applicant's or
holder's conviction resulted may, however, be considered as to whether
the applicant or holder should be entrusted to serve the public in a
specific capacity.
(f) The department may deny, suspend, or revoke a license issued
under this chapter if the individual who holds the license is convicted
of any of the following:
   (1) Possession of cocaine or a narcotic drug under IC 35-48-4-6.
   (2) Possession of methamphetamine under IC 35-48-4-6.1.
   (3) Possession of a controlled substance under IC 35-48-4-7(a).
   IC 35-48-4-7(b).
   (4) Fraudulently obtaining a controlled substance under
   IC 35-48-4-7(b) IC 35-48-4-7(c) (for a crime committed before
   July 1, 2014) or IC 35-48-4-7(c) IC 35-48-4-7(d) (for a crime
   committed after June 30, 2014).
   (5) Manufacture of paraphernalia as a Class D felony (for a crime
   committed before July 1, 2014) or a Level 6 felony (for a crime
   committed after June 30, 2014) under IC 35-48-4-8.1(c).
   (6) Dealing in paraphernalia as a Class D felony (for a crime
   committed before July 1, 2014) or a Level 6 felony (for a crime
   committed after June 30, 2014) under IC 35-48-4-8.5(b).
   (7) Possession of paraphernalia as a Class D felony (for a crime
   committed before July 1, 2014) or a Level 6 felony (for a crime
   committed after June 30, 2014) under IC 35-48-4-8.3(b) (before
   its amendment on July 1, 2015).
   (8) Possession of marijuana, hash oil, hashish, or salvia as a Class
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                               64
 D felony (for a crime committed before July 1, 2014) or a Level
 6 felony (for a crime committed after June 30, 2014) under
 IC 35-48-4-11.
 (9) A felony offense under IC 35-48-4 involving possession of a
 synthetic drug (as defined in IC 35-31.5-2-321), possession of a
 controlled substance analog (as defined in IC 35-48-1.1-8), or
 possession of a synthetic drug lookalike substance (as defined in
 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) as a:
    (A) Class D felony for a crime committed before July 1, 2014;
    or
    (B) Level 6 felony for a crime committed after June 30, 2014;
 under IC 35-48-4-11.5 (before its repeal on July 1, 2019).
 (10) Maintaining a common nuisance under IC 35-48-4-13
 (repealed) or IC 35-45-1-5, if the common nuisance involves a
 controlled substance.
 (11) An offense relating to registration, labeling, and prescription
 forms under IC 35-48-4-14.
   (g) The department shall deny, revoke, or suspend a license issued
under this chapter if the individual who holds the license is convicted
of any of the following:
 (1) Dealing in a controlled substance resulting in death under
 IC 35-42-1-1.5.
 (2) Dealing in cocaine or a narcotic drug under IC 35-48-4-1.
 (3) Dealing in methamphetamine under IC 35-48-4-1.1.
 (4) Manufacturing methamphetamine under IC 35-48-4-1.2.
 (5) Dealing in a schedule I, II, or III controlled substance under
 IC 35-48-4-2.
 (6) Dealing in a schedule IV controlled substance under
 IC 35-48-4-3.
 (7) Dealing in a schedule V controlled substance under
 IC 35-48-4-4.
 (8) Dealing in a substance represented to be a controlled
 substance under IC 35-48-4-4.5 (repealed).
 (9) Knowingly or intentionally manufacturing, advertising,
 distributing, or possessing with intent to manufacture, advertise,
 or distribute a substance represented to be a controlled substance
 under IC 35-48-4-4.6.
 (10) Dealing in a counterfeit substance under IC 35-48-4-5.
 (11) Dealing in marijuana, hash oil, hashish, or salvia as a felony
 under IC 35-48-4-10.
 (12) An offense under IC 35-48-4 involving the manufacture or
 sale of a synthetic drug (as defined in IC 35-31.5-2-321), a
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                               65
   synthetic drug lookalike substance (as defined in
   IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) under
   IC 35-48-4-10.5 (before its repeal on July 1, 2019), a controlled
   substance analog (as defined in IC 35-48-1.1-8), or a substance
   represented to be a controlled substance (as described in
   IC 35-48-4-4.6).
   (13) A violation of any federal or state drug law or rule related to
   wholesale legend drug distributors licensed under IC 25-26-14.
(h) The department may temporarily suspend a practitioner's license
under IC 4-21.5-4 before a final adjudication or during the appeals
process if the department finds that a practitioner represents a clear and
immediate danger to the public's health, safety, or property if the
practitioner is allowed to continue to practice.
(i) On receipt of a complaint or an information alleging that a person
licensed under this chapter has engaged in or is engaging in a practice
that jeopardizes the public health, safety, or welfare, the department
shall initiate an investigation against the person.
(j) Any complaint filed with the office of the attorney general
alleging a violation of this licensing program shall be referred to the
department for summary review and for its general information and any
authorized action at the time of the filing.
(k) The department shall conduct a fact finding investigation as the
department considers proper in relation to the complaint.
(l) A practitioner may petition the department to accept the
surrender of the practitioner's license. The practitioner may not
surrender the practitioner's license without the written approval of the
department, and the department may impose any conditions appropriate
to the surrender or reinstatement of a surrendered license.
(m) A practitioner who has been subjected to disciplinary sanctions
may be required by the commission to pay the costs of the proceeding.
The practitioner's ability to pay shall be considered when costs are
assessed. If the practitioner fails to pay the costs, a suspension may not
be imposed solely upon the practitioner's inability to pay the amount
assessed. The costs are limited to costs for the following:
   (1) Court reporters.
   (2) Transcripts.
   (3) Certification of documents.
   (4) Photo duplication.
   (5) Witness attendance and mileage fees.
   (6) Postage.
   (7) Expert witnesses.
   (8) Depositions.
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                               66
  (9) Notarizations.
SECTION 14. IC 24-4-21-1, AS AMENDED BY P.L.186-2025,
SECTION 131, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE NOVEMBER 12, 2026]: Sec. 1. The following
definitions apply throughout this chapter:
  (1) "Certificate of analysis" means a certificate from an
  independent testing laboratory describing the results of the
  laboratory's testing of a sample.
  (2) "Independent testing laboratory" means a laboratory:
     (A) with respect to which no person having a direct or indirect
     interest in the laboratory also has a direct or indirect interest
     in a facility that:
        (i) processes, distributes, or sells low THC hemp extract, or
        a substantially similar substance in another jurisdiction;
        hemp derived cannabinoid products;
        (ii) cultivates, processes, distributes, dispenses, or sells
        hemp (as defined in IC 35-48-8-3) or marijuana; or
        (iii) cultivates, processes, or distributes hemp; and
     (B) that is accredited as a testing laboratory to International
     Organization for Standardization (ISO) 17025 by a third party
     accrediting body such as the American Association for
     Laboratory Accreditation (A2LA) or Assured Calibration and
     Laboratory Accreditation Select Services (ACLASS).
  (3) "Low THC hemp extract" has the meaning set forth in
  IC 35-48-1.1-27. "Hemp derived cannabinoid product" has the
  meaning set forth in IC 35-38-8-4.
SECTION 15. IC 24-4-21-2, AS ADDED BY P.L.153-2018,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
NOVEMBER 12, 2026]: Sec. 2. A person may distribute low THC
hemp extract a hemp derived cannabinoid product in Indiana only
if the product:
  (1) has been approved by the federal Food and Drug
  Administration or the federal Drug Enforcement Agency as a
  prescription or over the counter drug; or
  (2) meets the requirements of this chapter.
SECTION 16. IC 24-4-21-3, AS AMENDED BY P.L.190-2019,
SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
NOVEMBER 12, 2026]: Sec. 3. A person may distribute low THC
hemp extract a hemp derived cannabinoid product in Indiana only
if the distributor has a certificate of analysis prepared by an
independent testing laboratory showing:
  (1) that the low THC hemp extract hemp derived cannabinoid
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                              67
  product is the product of a batch tested by the independent
  testing laboratory;
  (2) that the independent testing laboratory determined that the
  batch contained not more than three-tenths percent (0.3%) total
  delta-9-tetrahydrocannabinol tetrahydrocannabinol (THC),
  including precursors, by weight, based on the testing of a random
  sample of the batch; and
  (3) the cannabidiol percent present of the low THC hemp extract.
  hemp derived cannabinoid product.
   SECTION 17. IC 24-4-21-4, AS AMENDED BY THE
TECHNICAL CORRECTIONS BILL OF THE 2026 GENERAL
ASSEMBLY, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
NOVEMBER 12, 2026]: Sec. 4. (a) Except as provided in subsection
(b), low THC hemp extract A hemp derived cannabinoid product
must be distributed in packaging that contains the following
information:
  (1) A scannable bar code or QR code linked to a document that
  contains information with respect to the manufacture of the low
  THC hemp extract, hemp derived cannabinoid product,
  including the:
     (A) batch identification number;
     (B) product name;
     (C) batch date;
     (D) expiration date, which must be not more than two (2) years
     from the date of manufacture;
     (E) batch size;
     (F) total quantity produced;
     (G) ingredients used, including the:
        (i) ingredient name;
        (ii) name of the company that manufactured the ingredient;
        (iii) company or product identification number or code, if
        applicable; and
        (iv) ingredient lot number; and
     (H) download link for a certificate of analysis for the low THC
     hemp extract. hemp derived cannabinoid product.
  (2) The batch number.
  (3) The Internet address of a web site website to obtain batch
  information.
  (4) The expiration date.
  (5) The number of milligrams of low THC hemp extract. hemp
  derived cannabinoid product.
  (6) The manufacturer.
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                                68
  (7) The fact that the product contains not more than three-tenths
  percent (0.3%) total delta-9-tetrahydrocannabinol
  tetrahydrocannabinol (THC), including precursors, by weight.
(b) Before July 1, 2018, low THC hemp extract may be distributed
in Indiana without having met the requirements described in subsection
(a).
SECTION 18. IC 24-4-21-5, AS ADDED BY P.L.153-2018,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
NOVEMBER 12, 2026]: Sec. 5. This section applies after June 30,
2018. A person who distributes low THC hemp extract a hemp
derived cannabinoid product in violation of this chapter commits a
Class B infraction. However, the offense is a Class A infraction if the
person has a prior unrelated judgment for a violation of this chapter.
These penalties are in addition to any criminal penalties that may be
imposed for unlawful possession or distribution of a controlled
substance.
SECTION 19. IC 24-4-22-1, AS AMENDED BY P.L.186-2025,
SECTION 132, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE NOVEMBER 12, 2026]: Sec. 1. As used in this chapter,
"low THC hemp extract" "hemp derived cannabinoid product" has
the meaning set forth in IC 35-48-1.1-27. IC 35-48-8-4.
SECTION 20. IC 24-4-22-3, AS ADDED BY P.L.153-2018,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
NOVEMBER 12, 2026]: Sec. 3. (a) Except as provided in subsection
(b), A person may sell low THC hemp extract a hemp derived
cannabinoid product at retail only if the packaging complies with the
requirements of IC 24-4-21-4.
(b) Before July 1, 2018, a person may sell low THC hemp extract at
retail even if the packaging does not comply with the requirements of
IC 24-4-21-4.
SECTION 21. IC 25-1-1.1-2, AS AMENDED BY P.L.186-2025,
SECTION 134, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE NOVEMBER 12, 2026]: Sec. 2. Notwithstanding
IC 25-1-7, a board, a commission, or a committee may suspend, deny,
or revoke a license or certificate issued under this title by the board, the
commission, or the committee without an investigation by the office of
the attorney general if the individual who holds the license or
certificate is convicted of any of the following and the board,
commission, or committee determines, after the individual has
appeared in person, that the offense affects the individual's ability to
perform the duties of the profession:
  (1) Possession of cocaine or a narcotic drug under IC 35-48-4-6.
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                               69
  (2) Possession of methamphetamine under IC 35-48-4-6.1.
  (3) Possession of a controlled substance under IC 35-48-4-7(a).
  IC 35-48-4-7(b).
  (4) Fraudulently obtaining a controlled substance under
  IC 35-48-4-7(c). IC 35-48-4-7(d).
  (5) Manufacture of paraphernalia as a Class D felony (for a crime
  committed before July 1, 2014) or a Level 6 felony (for a crime
  committed after June 30, 2014) under IC 35-48-4-8.1(c).
  (6) Dealing in paraphernalia as a Class D felony (for a crime
  committed before July 1, 2014) or a Level 6 felony (for a crime
  committed after June 30, 2014) under IC 35-48-4-8.5(b).
  (7) Possession of paraphernalia as a Class D felony (for a crime
  committed before July 1, 2014) or a Level 6 felony (for a crime
  committed after June 30, 2014) under IC 35-48-4-8.3(b) (before
  its amendment on July 1, 2015).
  (8) Possession of marijuana, hash oil, hashish, or salvia as a Class
  D felony (for a crime committed before July 1, 2014) or a Level
  6 felony (for a crime committed after June 30, 2014) under
  IC 35-48-4-11.
  (9) A felony offense under IC 35-48-4 involving possession of a
  synthetic drug (as defined in IC 35-31.5-2-321), possession of a
  controlled substance analog (as defined in IC 35-48-1.1-8), or
  possession of a synthetic drug lookalike substance (as defined in
  IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) as a:
      (A) Class D felony for a crime committed before July 1, 2014;
      or
      (B) Level 6 felony for a crime committed after June 30, 2014;
  under IC 35-48-4-11.5 (before its repeal on July 1, 2019).
  (10) Maintaining a common nuisance under IC 35-48-4-13
  (repealed) or IC 35-45-1-5, if the common nuisance involves a
  controlled substance.
  (11) An offense relating to registration, labeling, and prescription
  forms under IC 35-48-4-14.
  (12) A sex crime under IC 35-42-4.
  (13) A felony that reflects adversely on the individual's fitness to
  hold a professional license.
   SECTION 22. IC 34-30-2.1-71, AS ADDED BY P.L.105-2022,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 71. IC 7.1-5-7-8 (Concerning postsecondary
educational institutions for alcohol related or THC product related
injuries).
   SECTION 23. IC 35-31.5-2-61.5 IS ADDED TO THE INDIANA
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                              70
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE NOVEMBER 12, 2026]: Sec. 61.5. "Container", for
purposes of IC 35-48-8, has the meaning set forth in IC 35-48-8-2.
   SECTION 24. IC 35-31.5-2-150.5 IS REPEALED [EFFECTIVE
NOVEMBER 12, 2026]. Sec. 150.5. "Hashish", for purposes of
IC 35-48, has the meaning set forth in IC 35-48-1.1-21.
   SECTION 25. IC 35-31.5-2-150.6 IS REPEALED [EFFECTIVE
NOVEMBER 12, 2026]. Sec. 150.6. "Hash oil", for purposes of
IC 35-48, has the meaning set forth in IC 35-48-1.1-22.
   SECTION 26. IC 35-31.5-2-152.2 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE NOVEMBER 12, 2026]: Sec. 152.2. "Hemp", for
purposes of this title, has the meaning set forth in IC 35-48-8-3.
   SECTION 27. IC 35-31.5-2-152.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE NOVEMBER 12, 2026]: Sec. 152.3. "Hemp derived
cannabinoid product", for purposes of this title, has the meaning
set forth in IC 35-48-8-4.
   SECTION 28. IC 35-31.5-2-169.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE NOVEMBER 12, 2026]: Sec. 169.3. "Industrial
hemp", for purposes of this title, has the meaning set forth in
IC 35-48-8-5.
   SECTION 29. IC 35-31.5-2-176.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE NOVEMBER 12, 2026]: Sec. 176.1. "Intermediate
hemp derived cannabinoid product", for purposes of IC 35-48-8,
has the meaning set forth in IC 35-48-8-6.
   SECTION 30. IC 35-31.5-2-189.9, AS AMENDED BY
P.L.186-2025, SECTION 216, IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE NOVEMBER 12, 2026]: Sec. 189.9. "Low
THC hemp extract", "THC hemp extract", for purposes of IC 35-48,
has the meaning set forth in IC 35-48-1.1-27. IC 35-48-8-7.
   SECTION 31. IC 35-46-1-11.7, AS AMENDED BY P.L.163-2025,
SECTION 66, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
NOVEMBER 12, 2026]: Sec. 11.7. (a) A retail establishment in which
tobacco products and products containing tetrahydrocannabinol
(THC) account for at least eighty-five percent (85%) of the retail
establishment's gross sales may not allow an individual who is less than
twenty-one (21) years of age to enter the retail establishment.
   (b) An individual who is less than twenty-one (21) years of age may
not enter a retail establishment described in subsection (a).
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                               71
(c) A retail establishment described in subsection (a) must
conspicuously post on all entrances to the retail establishment the
following:
   (1) A sign in boldface type that states "NOTICE: It is unlawful for
   a person less than 21 years old to enter this store.".
   (2) A sign printed in letters and numbers at least one-half (1/2)
   inch high that displays a toll free phone number for assistance to
   callers in quitting smoking, as determined by the Indiana
   department of health.
(d) A person who violates this section commits a Class C infraction.
Notwithstanding IC 34-28-5-4(c), a civil judgment for an infraction
committed under this section must be imposed as follows:
   (1) If the person has not been cited for a violation of this section
   in the previous one (1) year, a civil penalty of up to four hundred
   dollars ($400).
   (2) If the person has had one (1) violation in the previous one (1)
   year, a civil penalty of up to eight hundred dollars ($800).
   (3) If the person has had two (2) violations in the previous one (1)
   year, a civil penalty of up to one thousand four hundred dollars
   ($1,400).
   (4) If the person has had three (3) or more violations in the
   previous one (1) year, a civil penalty of up to two thousand dollars
   ($2,000).
A person may not be cited more than once every twenty-four (24)
hours.
(e) Notwithstanding IC 34-28-5-5(c), civil penalties collected under
this section must be deposited in the Richard D. Doyle tobacco
education and enforcement fund established under IC 7.1-6-2-6.
(f) A person who violates subsection (a) at least six (6) times in any
one (1) year period commits habitual illegal entrance by a minor, a
Class B infraction.
SECTION 32. IC 35-48-1.1-7, AS ADDED BY P.L.186-2025,
SECTION 249, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE NOVEMBER 12, 2026]: Sec. 7. "Controlled substance"
means a drug, substance, or immediate precursor in schedule I, II, III,
IV, or V under:
   (1) IC 35-48-2-4, IC 35-48-2-6, IC 35-48-2-8, IC 35-48-2-10, or
   IC 35-48-2-12, if IC 35-48-2-14 does not apply; or
   (2) a rule adopted by the board, if IC 35-48-2-14 applies.
The term does not include low THC hemp extract.
SECTION 33. IC 35-48-1.1-8, AS ADDED BY P.L.186-2025,
SECTION 249, IS AMENDED TO READ AS FOLLOWS
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[EFFECTIVE NOVEMBER 12, 2026]: Sec. 8. (a) "Controlled
substance analog" means a substance that, due to its chemical structure
and potential for abuse or misuse, meets the following criteria:
  (1) The substance is substantially similar to a controlled substance
  classified under IC 35-48-2.
  (2) The substance has a narcotic, stimulant, depressant, or
  hallucinogenic effect on the central nervous system or is
  represented or intended to have a narcotic, stimulant, depressant,
  or hallucinogenic effect on the central nervous system
  substantially similar to or greater than that of a controlled
  substance classified under IC 35-48-2.
   (b) The definition set forth in subsection (a) does not include:
  (1) a controlled substance;
  (2) a legend drug;
  (3) a substance for which there is an approved new drug
  application;
  (4) any compound, mixture, or preparation that contains any
  controlled substance, that is not for administration to a human
  being or an animal, and that is packaged in a form or
  concentration, or with adulterants or denaturants, such that as
  packaged it does not present any significant potential for abuse;
  or
  (5) a substance to which an investigational exemption applies
  under Section 505 of the federal Food, Drug and Cosmetic Act
  (chapter 675, 52 Stat. 1052 (21 U.S.C. 355)), but only to the
  extent that conduct with respect to the substance is pursuant to the
  exemption. or
  (6) low THC hemp extract.
   (c) For purposes of subsection (a), "substantially similar", as it
applies to the chemical structure of a substance, means that the
chemical structure of the substance, when compared to the structure of
a controlled substance, has a single difference in the structural formula
that substitutes one (1) atom or functional group for another, including:
  (1) one (1) halogen for another halogen;
  (2) one (1) hydrogen for a halogen;
  (3) one (1) halogen for a hydrogen; or
  (4) an alkyl group added or deleted:
      (A) as a side chain to or from a molecule; or
      (B) from a side chain of a molecule.
   SECTION 34. IC 35-48-1.1-21 IS REPEALED [EFFECTIVE
NOVEMBER 12, 2026]. Sec. 21. "Hashish" does not include low THC
hemp extract.
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   SECTION 35. IC 35-48-1.1-22 IS REPEALED [EFFECTIVE
NOVEMBER 12, 2026]. Sec. 22. "Hash oil" does not include low THC
hemp extract.
   SECTION 36. IC 35-48-1.1-27 IS REPEALED [EFFECTIVE
NOVEMBER 12, 2026]. Sec. 27. (a) "Low THC hemp extract" means
a substance or compound that:
 (1) is derived from or contains any part of the plant Cannabis
 sativa L. that meets the definition of hemp under IC 15-15-13-6;
 (2) contains not more than three-tenths percent (0.3%) total
 delta-9-tetrahydrocannabinol (THC), including precursors, by
 weight; and
 (3) contains no other controlled substances.
   (b) The term does not include:
 (1) the harvested reproductive organ, whether immature or
 mature, of the female hemp plant; or
 (2) smokable hemp.
   SECTION 37. IC 35-48-1.1-29, AS ADDED BY P.L.186-2025,
SECTION 249, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE NOVEMBER 12, 2026]: Sec. 29. (a) "Marijuana" means
any part of the plant genus Cannabis whether growing or not; the seeds
thereof; the resin extracted from any part of the plant, including hashish
and hash oil; any compound, manufacture, salt, derivative, mixture, or
preparation of the plant, its seeds or resin.
   (b) The term does not include:
 (1) the mature stalks of the plant;
 (2) fiber produced from the stalks;
 (3) oil or cake made from the seeds of the plant;
 (4) any other compound, manufacture, salt, derivative, mixture,
 or preparation of the mature stalks (except the resin extracted
 therefrom);
 (5) the sterilized seed of the plant which is incapable of
 germination;
 (6) hemp (as defined by IC 15-15-13-6);
 (7) low THC hemp extract; or
 (8) smokable hemp.
 (1) a hemp derived cannabinoid product (as defined in
 IC 35-48-8-4); or
 (2) industrial hemp monitored and licensed with the state seed
 commissioner under IC 15-15-13.
   SECTION 38. IC 35-48-1.1-38, AS ADDED BY P.L.186-2025,
SECTION 249, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE NOVEMBER 12, 2026]: Sec. 38. (a) Except as provided
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                               74
in subsection (b), "smokable hemp" means a product containing not
more than three-tenths percent (0.3%) delta-9-tetrahydrocannabinol
any amount of tetrahydrocannabinol (THC), including precursors
and derivatives of THC, in a form that allows THC to be introduced
into the human body by inhalation of smoke. The term includes:
  (1) hemp bud; and
  (2) hemp flower.
   (b) The term does not include:
  (1) a hemp plant that is; or
  (2) parts of a hemp plant that are;
grown or handled by a licensee governed by IC 15-15-13 and for
processing or manufacturing into a legal hemp derived cannabinoid
product.
   SECTION 39. IC 35-48-4-2, AS AMENDED BY P.L.61-2020,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
NOVEMBER 12, 2026]: Sec. 2. (a) This section does not apply to a
hemp derived cannabinoid product as defined in IC 35-48-8-4.
   (a) (b) A person who:
  (1) knowingly or intentionally:
       (A) manufactures;
       (B) finances the manufacture of;
       (C) delivers; or
       (D) finances the delivery of;
  a controlled substance or controlled substance analog, pure or
  adulterated, classified in schedule I, except marijuana, hash oil,
  hashish, or salvia, or a controlled substance, or controlled
  substance analog, pure or adulterated, classified in schedule II or
  III; or
  (2) possesses, with intent to:
       (A) manufacture;
       (B) finance the manufacture of;
       (C) deliver; or
       (D) finance the delivery of;
  a controlled substance or controlled substance analog, pure or
  adulterated, classified in schedule I, except marijuana, hash oil,
  hashish, or salvia, or a controlled substance, or controlled
  substance analog, pure or adulterated, classified in schedule II or
  III;
commits dealing in a schedule I, II, or III controlled substance, a Level
6 felony, except as provided in subsections (b) (c) through (f). (g).
   (b) (c) A person may be convicted of an offense under subsection
(a)(2) (b)(2) only if:
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  (1) there is evidence in addition to the weight of the drug that the
  person intended to manufacture, finance the manufacture of,
  deliver, or finance the delivery of the drug; or
  (2) the amount of the drug involved is at least twenty-eight (28)
  grams.
   (c) (d) The offense is a Level 5 felony if:
  (1) the amount of the drug involved is at least one (1) gram but
  less than five (5) grams; or
  (2) the amount of the drug involved is less than one (1) gram and
  an enhancing circumstance applies.
   (d) (e) The offense is a Level 4 felony if:
  (1) the amount of the drug involved is at least five (5) grams but
  less than ten (10) grams; or
  (2) the amount of the drug involved is at least one (1) gram but
  less than five (5) grams and an enhancing circumstance applies.
   (e) (f) The offense is a Level 3 felony if:
  (1) the amount of the drug involved is at least ten (10) grams but
  less than twenty-eight (28) grams; or
  (2) the amount of the drug involved is at least five (5) grams but
  less than ten (10) grams and an enhancing circumstance applies.
   (f) (g) The offense is a Level 2 felony if:
  (1) the amount of the drug involved is at least twenty-eight (28)
  grams; or
  (2) the amount of the drug involved is at least ten (10) grams but
  less than twenty-eight (28) grams and an enhancing circumstance
  applies.
   (h) It is a defense to a prosecution under this section that the
substance is THC hemp extract and the person meets the
requirements of IC 35-48-8-9.
   SECTION 40. IC 35-48-4-7, AS AMENDED BY P.L.61-2020,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
NOVEMBER 12, 2026]: Sec. 7. (a) This section does not apply to a
hemp derived cannabinoid product as defined in IC 35-48-8-4.
   (a) (b) A person who, without a valid prescription or order of a
practitioner acting in the course of the practitioner's professional
practice, knowingly or intentionally possesses a:
  (1) controlled substance or controlled substance analog (pure or
  adulterated), classified in schedule I, except marijuana, hashish,
  or salvia; or
  (2) controlled substance or controlled substance analog (pure or
  adulterated), classified in schedule II, III, or IV;
commits possession of a controlled substance, a Class A misdemeanor,
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                               76
except as provided in subsection (b). (c).
   (b) (c) The offense is a Level 6 felony if the person commits the
offense and an enhancing circumstance applies.
   (c) (d) A person who, without a valid prescription or order of a
practitioner acting in the course of the practitioner's professional
practice, knowingly or intentionally obtains:
 (1) more than four (4) ounces of schedule V controlled substances
 containing codeine in any given forty-eight (48) hour period
 unless pursuant to a prescription;
 (2) a schedule V controlled substance pursuant to written or
 verbal misrepresentation; or
 (3) possession of a schedule V controlled substance other than by
 means of a prescription or by means of signing an exempt
 narcotic register maintained by a pharmacy licensed by the
 Indiana state board of pharmacy;
commits a Class A misdemeanor.
   (e) It is a defense to a prosecution under this section that the
substance is THC hemp extract and the person meets the
requirements of IC 35-48-8-9.
   SECTION 41. IC 35-48-4-10, AS AMENDED BY P.L.153-2018,
SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
NOVEMBER 12, 2026]: Sec. 10. (a) A person who:
 (1) knowingly or intentionally:
     (A) manufactures;
     (B) finances the manufacture of;
     (C) delivers; or
     (D) finances the delivery of;
 marijuana, hash oil, hashish, or salvia, pure or adulterated; or
 (2) possesses, with intent to:
     (A) manufacture;
     (B) finance the manufacture of;
     (C) deliver; or
     (D) finance the delivery of;
 marijuana, hash oil, hashish, or salvia, pure or adulterated;
commits dealing in marijuana, hash oil, hashish, or salvia, a Class A
misdemeanor, except as provided in subsections (b) through (d).
   (b) A person may be convicted of an offense under subsection (a)(2)
only if:
 (1) there is evidence in addition to the weight of the drug that the
 person intended to manufacture, finance the manufacture of,
 deliver, or finance the delivery of the drug; or
 (2) the amount of the drug involved is at least:
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                               77
     (A) ten (10) pounds, if the drug is marijuana; or
     (B) three hundred (300) grams, if the drug is hash oil, hashish,
     or salvia.
   (c) The offense is a Level 6 felony if:
 (1) the person has a prior conviction for a drug offense and the
 amount of the drug involved is:
     (A) less than thirty (30) grams of marijuana; or
     (B) less than five (5) grams of hash oil, hashish, or salvia; or
 (2) the amount of the drug involved is:
     (A) at least thirty (30) grams but less than ten (10) pounds of
     marijuana; or
     (B) at least five (5) grams but less than three hundred (300)
     grams of hash oil, hashish, or salvia.
   (d) The offense is a Level 5 felony if:
 (1) the person has a prior conviction for a drug dealing offense
 and the amount of the drug involved is:
     (A) at least thirty (30) grams but less than ten (10) pounds of
     marijuana; or
     (B) at least five (5) grams but less than three hundred (300)
     grams of hash oil, hashish, or salvia;
 (2) the:
     (A) amount of the drug involved is:
       (i) at least ten (10) pounds of marijuana; or
       (ii) at least three hundred (300) grams of hash oil, hashish,
       or salvia; or
     (B) offense involved a sale to a minor; or
 (3) the:
     (A) person is a retailer;
     (B) marijuana, hash oil, hashish, or salvia is packaged in a
     manner that appears to be low THC hemp extract; a hemp
     derived cannabinoid product; and
     (C) person knew or reasonably should have known that the
     product was marijuana, hash oil, hashish, or salvia.
   (e) It is a defense to a prosecution under this section that the
substance is THC hemp extract and the person meets the
requirements of IC 35-48-8-9.
   SECTION 42. IC 35-48-4-11, AS AMENDED BY P.L.153-2018,
SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
NOVEMBER 12, 2026]: Sec. 11. (a) A person who:
 (1) knowingly or intentionally possesses (pure or adulterated)
 marijuana, hash oil, hashish, or salvia;
 (2) knowingly or intentionally grows or cultivates marijuana; or
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                             78
 (3) knowing that marijuana is growing on the person's premises,
 fails to destroy the marijuana plants;
commits possession of marijuana, hash oil, hashish, or salvia, a Class
B misdemeanor, except as provided in subsections (b) through (c).
   (b) The offense described in subsection (a) is a Class A
misdemeanor if:
 (1) the person has a prior conviction for a drug offense; or
 (2) the:
     (A) marijuana, hash oil, hashish, or salvia is packaged in a
     manner that appears to be low THC hemp extract; a hemp
     derived cannabinoid product; and
     (B) person knew or reasonably should have known that the
     product was marijuana, hash oil, hashish, or salvia.
   (c) The offense described in subsection (a) is a Level 6 felony if:
 (1) the person has a prior conviction for a drug offense; and
 (2) the person possesses:
     (A) at least thirty (30) grams of marijuana; or
     (B) at least five (5) grams of hash oil, hashish, or salvia.
   (d) It is a defense to a prosecution under this section that the
substance is THC hemp extract and the person meets the
requirements of IC 35-48-8-9.
   SECTION 43. IC 35-48-8 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
NOVEMBER 12, 2026]:
   Chapter 8. Offenses Relating to Hemp
   Sec. 0.5. Nothing in IC 7.1 or IC 15 may be construed under the
"inclusio unius, exclusio alterius" canon of construction that
marijuana has been legalized.
   Sec. 1. The terms defined in this chapter apply only to this
article unless cited in another statute concerning hemp.
   Sec. 2. (a) "Container" means the innermost wrapping,
packaging, or vessel in direct contact with a final hemp derived
cannabinoid product in which the final hemp derived cannabinoid
product is enclosed for retail sale to consumers, including a jar,
bottle, bag, box, packet, can, carton, or cartridge.
   (b) The term excludes bulk shipping containers or outer
wrappings that are not essential for the final retail delivery or sale
to an end consumer for personal or household use.
   (c) The term does not include a drug that is the subject of an
application approved under 21 U.S.C. 355(c) or 21 U.S.C. 355(j).
   Sec. 3. (a) "Hemp" means the plant Cannabis sativa L. and any
part of the plant, including the seeds thereof and all derivatives,
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                            79
extracts, cannabinoids, isomers, acids, salts, and salts of isomers,
whether growing or not, with a total tetrahydrocannabinols
concentration (including tetrahydrocannabinolic acid) of not more
than three-tenths of one percent (0.3%) on a dry weight basis.
   (b) The term includes industrial hemp and hemp derived
cannabinoid products.
   (c) The term does not include:
 (1) any viable seeds from a Cannabis sativa L. plant that
 exceeds a total tetrahydrocannabinols concentration
 (including tetrahydrocannabinolic acid) of three-tenths of one
 percent (0.3%) in the plant on a dry weight basis;
 (2) any intermediate hemp derived cannabinoid products
 containing:
    (A) cannabinoids that are not capable of being naturally
    produced by a Cannabis sativa L. plant;
    (B) cannabinoids that:
       (i) are capable of being naturally produced by the
       Cannabis sativa L. plant; and
       (ii) were synthesized or manufactured outside the plant;
       or
    (C) more than three-tenths of one percent (0.3%)
    combined total concentration of:
       (i) total tetrahydrocannabinols (including
       tetrahydrocannabinolic acid); and
       (ii) any other cannabinoids that have similar effects (or
       are marketed to have similar effects) on humans or
       animals as a tetrahydrocannabinol as determined by the
       United States Secretary of Health and Human Services;
 (3) any intermediate hemp derived cannabinoid products that
 are marketed or sold as a final product or directly to an end
 consumer for personal or household use;
 (4) any final hemp derived cannabinoid products containing:
    (A) cannabinoids that are not capable of being naturally
    produced by a Cannabis sativa L. plant;
    (B) cannabinoids that:
       (i) are capable of being naturally produced by a
       Cannabis sativa L. plant; and
       (ii) were synthesized or manufactured outside the plant;
       or
    (C) greater than four-tenths (0.4) milligram combined total
    per container of:
       (i) total tetrahydrocannabinols (including
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                              80
       tetrahydrocannabinolic acid); and
       (ii) any other cannabinoids that have similar effects, or
       are marketed to have similar effects, on humans or
       animals as a tetrahydrocannabinol, as determined by the
       United States Secretary of Health and Human Services;
       or
 (5) smokable hemp.
   Sec. 4. (a) "Hemp derived cannabinoid product" means a
product that:
 (1) meets the definition of hemp under section 3 of this
 chapter; and
 (2) is derived from, or made by, processing hemp plants or
 hemp plant parts including derivatives, extracts,
 cannabinoids, isomers, acids, salts, and salts of isomers.
   (b) The term includes any intermediate or final product derived
from hemp, other than industrial hemp, that:
 (1) contains cannabinoids in any form; and
 (2) is intended for human or animal use through any means of
 application or administration including:
    (A) inhalation;
    (B) ingestion; or
    (C) topical application.
   (c) The term includes cannabidiol, a CBD product, or a product
that contains a cannabidiol.
   (d) The term does not include:
 (1) smokable hemp (as defined in IC 35-48-1.1-38);
 (2) products that contain a total tetrahydrocannabinol
 concentration of more than three-tenths of one percent (0.3%)
 on a dry weight basis; or
 (3) a drug that is the subject of an application approved under
 subsection (c) or (j) of Section 505 of the federal Food, Drug,
 and Cosmetic Act (21 U.S.C. 355).
   Sec. 5. "Industrial hemp" means hemp:
 (1) grown for the use of the stalk of the plant fiber produced
 from the stalk, or any other noncannabinoid derivative,
 mixture, preparation, or manufacture of the stalk;
 (2) grown for the use of the whole grain, oil, cake, nut, hull, or
 other noncannabinoid compound, derivative, mixture,
 preparation, or manufacture of the seeds of the plant;
 (3) grown for purposes of producing microgreens or other
 edible hemp leaf products for human consumption that are
 derived from an immature hemp plant that is grown from
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                              81
 seeds that do not exceed the threshold for total
 tetrahydrocannabinols concentration of three-tenths of one
 percent (0.3%) in the plant on a dry weight basis;
 (4) that is a plant that does not enter the stream of commerce
 and is intended to support hemp research at an institution of
 higher education, as defined in 20 U.S.C. 1001, or an
 independent research institute; or
 (5) grown for the use of a viable seed of the plant produced
 solely for the production or manufacture of any material
 described in subdivisions (1) through (4).
   Sec. 6. "Intermediate hemp derived cannabinoid product"
means a hemp derived cannabinoid product that:
 (1) is not yet in the final form or preparation and is marketed
 or intended to be used or consumed by a human or animal; or
 (2) is a powder, liquid, tablet, oil, or other product form that
 is intended or marketed to be mixed, dissolved, formulated, or
 added to or prepared with or into any other substance prior
 to administration or consumption.
   Sec. 7. (a) "THC hemp extract" means a substance or
compound that:
 (1) is derived from or contains any part of the plant Cannabis
 sativa L. that meets the definition of "hemp" under
 IC 15-15-13-6;
 (2) contains not more than three-tenths of one percent (0.3%)
 total delta-9-tetrahydrocannabinol (THC), including
 precursors, by weight; and
 (3) contains no other controlled substances.
   (b) The term does not include:
 (1) the harvested reproductive organ, whether immature or
 mature, of the female hemp plant; or
 (2) smokable hemp.
   Sec. 8. (a) A person who knowingly or intentionally grows or
handles hemp without a license issued under IC 15-15-13-7
commits unlawful trade in hemp, a Class A misdemeanor.
   (b) The offense is a Level 6 felony if the person has a prior
conviction for an offense under this section.
   (c) The offense is a Level 5 felony if the person has a prior
conviction for an offense under this section and either:
 (1) the amount of the hemp involved is more than ten (10)
 pounds; or
 (2) the offense involved a sale to a child less than eighteen (18)
 years of age.
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                              82
   Sec. 9. (a) A person who:
 (1) held a license under IC 15-15-13-7 before January 1, 2026;
 and
 (2) continues to hold a hemp license under IC 15-15-13-7;
may continue to process and distribute THC hemp extract solely
for sale to a manufacturer, processor, distributor, or retailer in a
jurisdiction outside of Indiana if the processing and distribution
complies with subsection (b).
   (b) A person described in subsection (a) may process and
distribute THC hemp extract if:
 (1) the receipt of THC hemp extract by the manufacturer,
 processor, distributor, or retailer in the other jurisdiction is
 lawful in that jurisdiction; and
 (2) the THC hemp extract meets the same packaging
 requirements as a hemp derived cannabinoid product under
 IC 24-4-21-4.
   (c) A person described in this section may not distribute THC
hemp extract to any person in Indiana, unless the distribution is
required by law, including for purposes of testing or analysis.
   (d) Nothing in this section authorizes a retailer to possess or sell
THC hemp extract.
   (e) The alcohol and tobacco commission may inspect the
operations of a person to whom this section applies to ensure
compliance in the same manner it conducts inspections under
IC 7.1-5-7-16.
   SECTION 44. IC 35-52-7-39, AS ADDED BY P.L.169-2014,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 39. IC 7.1-5-7-7 defines a crime concerning
alcohol and products containing THC.
   SECTION 45. IC 35-52-7-40, AS ADDED BY P.L.169-2014,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 40. IC 7.1-5-7-8 defines a crime concerning
alcohol and products containing THC.".
   Delete pages 2 through 75.
   Renumber all SECTIONS consecutively.
and when so amended that said bill do pass.
   (Reference is to SB 250 as printed January 23, 2026.)
                                                   MCNAMARA
Committee Vote: yeas 8, nays 5.
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