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HOUSE BILL No. 1547 ___Payne, Teshka, Vannatter

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HOUSE BILL No. 1547 ___Payne, Teshka, Vannatter Introduced Version HOUSE BILL No. 1547 _____ DIGEST OF INTRODUCED BILL Citations Affected: IC 16-18-2; IC 16-31-3-14; IC 16-42-27-2; IC 16-51; IC 22-15-5-16; IC 25-1-1.1-2; IC 34-30-2; IC 35-38-2; IC 35-48; IC 35-52-16. Synopsis: Medical cannabis. Establishes a medical cannabis program, administered by the state department of health, to permit the use of medical cannabis in Indiana. Reduces the penalty for possession of marijuana, hashish, hash oil, and salvia to: (1) a Class C infraction for a first offense; (2) a Class C misdemeanor for a second or subsequent offense; and (3) a Class A misdemeanor for a second or subsequent offense if the person possesses more than a specified amount. Reduces the penalty for possession of marijuana, hashish, hash oil, or salvia packaged in a container labeled as containing low THC hemp extract to a Class C misdemeanor. Provides that a person's probation may not be revoked solely on the basis that the person tested positive for marijuana or a metabolite of marijuana. Makes conforming amendments. Effective: July 1, 2021. Payne, Teshka, VanNatter January 14, 2021, read first time and referred to Committee on Public Health. 2021 IN 1547—LS 6786/DI 106 Introduced First Regular Session of the 122nd General Assembly (2021) 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 2020 Regular Session of the General Assembly. HOUSE BILL No. 1547 A BILL FOR AN ACT to amend the Indiana Code concerning criminal law and procedure. Be it enacted by the General Assembly of the State of Indiana: 1 SECTION 1. IC 16-18-2-1.9 IS ADDED TO THE INDIANA CODE 2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 3 1, 2021]: Sec. 1.9. "Adequate supply", for purposes of IC 16-51, has 4 the meaning set forth in IC 16-51-1-1. 5 SECTION 2. IC 16-18-2-37.9 IS ADDED TO THE INDIANA 6 CODE AS A NEW SECTION TO READ AS FOLLOWS 7 [EFFECTIVE JULY 1, 2021]: Sec. 37.9. "Bona fide medical 8 physician-patient relationship", for purposes of IC 16-51, has the 9 meaning set forth in IC 16-51-1-1. 10 SECTION 3. IC 16-18-2-48.1 IS ADDED TO THE INDIANA 11 CODE AS A NEW SECTION TO READ AS FOLLOWS 12 [EFFECTIVE JULY 1, 2021]: Sec. 48.1. "Cannabis", for purposes 13 of IC 16-51, has the meaning set forth in IC 16-51-1-1. 14 SECTION 4. IC 16-18-2-48.2 IS ADDED TO THE INDIANA 15 CODE AS A NEW SECTION TO READ AS FOLLOWS 16 [EFFECTIVE JULY 1, 2021]: Sec. 48.2. "Cannabis plant monitoring 17 system", for purposes of IC 16-51, has the meaning set forth in 2021 IN 1547—LS 6786/DI 106 2 1 IC 16-51-1-1. 2 SECTION 5. IC 16-18-2-48.4 IS ADDED TO THE INDIANA 3 CODE AS A NEW SECTION TO READ AS FOLLOWS 4 [EFFECTIVE JULY 1, 2021]: Sec. 48.4. "Cardholder", for purposes 5 of IC 16-51, has the meaning set forth in IC 16-51-1-1. 6 SECTION 6. IC 16-18-2-88.6 IS ADDED TO THE INDIANA 7 CODE AS A NEW SECTION TO READ AS FOLLOWS 8 [EFFECTIVE JULY 1, 2021]: Sec. 88.6. "Cultivation center", for 9 purposes of IC 16-51, has the meaning set forth in IC 16-51-1-1. 10 SECTION 7. IC 16-18-2-88.7 IS ADDED TO THE INDIANA 11 CODE AS A NEW SECTION TO READ AS FOLLOWS 12 [EFFECTIVE JULY 1, 2021]: Sec. 88.7. "Cultivation center agent", 13 for purposes of IC 16-51, has the meaning set forth in IC 16-51-1-1. 14 SECTION 8. IC 16-18-2-88.8 IS ADDED TO THE INDIANA 15 CODE AS A NEW SECTION TO READ AS FOLLOWS 16 [EFFECTIVE JULY 1, 2021]: Sec. 88.8. "Cultivation center agent 17 identification card", for purposes of IC 16-51, has the meaning set 18 forth in IC 16-51-1-1. 19 SECTION 9. IC 16-18-2-92.2 IS ADDED TO THE INDIANA 20 CODE AS A NEW SECTION TO READ AS FOLLOWS 21 [EFFECTIVE JULY 1, 2021]: Sec. 92.2. "Debilitating medical 22 condition", for purposes of IC 16-51, has the meaning set forth in 23 IC 16-51-1-1. 24 SECTION 10. IC 16-18-2-96.6 IS ADDED TO THE INDIANA 25 CODE AS A NEW SECTION TO READ AS FOLLOWS 26 [EFFECTIVE JULY 1, 2021]: Sec. 96.6. "Dispensing organization", 27 for purposes of IC 16-51, has the meaning set forth in IC 16-51-1-1. 28 SECTION 11. IC 16-18-2-96.7 IS ADDED TO THE INDIANA 29 CODE AS A NEW SECTION TO READ AS FOLLOWS 30 [EFFECTIVE JULY 1, 2021]: Sec. 96.7. "Dispensing organization 31 agent identification card", for purposes of IC 16-51, has the 32 meaning set forth in IC 16-51-1-1. 33 SECTION 12. IC 16-18-2-114.8 IS ADDED TO THE INDIANA 34 CODE AS A NEW SECTION TO READ AS FOLLOWS 35 [EFFECTIVE JULY 1, 2021]: Sec. 114.8. "Enclosed, locked facility", 36 for purposes of IC 16-51, has the meaning set forth in IC 16-51-1-1. 37 SECTION 13. IC 16-18-2-118.5 IS ADDED TO THE INDIANA 38 CODE AS A NEW SECTION TO READ AS FOLLOWS 39 [EFFECTIVE JULY 1, 2021]: Sec. 118.5. "Excluded offense", for 40 purposes of IC 16-51, has the meaning set forth in IC 16-51-1-1. 41 SECTION 14. IC 16-18-2-223.1 IS ADDED TO THE INDIANA 42 CODE AS A NEW SECTION TO READ AS FOLLOWS 2021 IN 1547—LS 6786/DI 106 3 1 [EFFECTIVE JULY 1, 2021]: Sec. 223.1. "Medical cannabis infused 2 product", for purposes of IC 16-51, has the meaning set forth in 3 IC 16-51-1-1. 4 SECTION 15. IC 16-18-2-223.8 IS ADDED TO THE INDIANA 5 CODE AS A NEW SECTION TO READ AS FOLLOWS 6 [EFFECTIVE JULY 1, 2021]: Sec. 223.8. "Medical use of cannabis", 7 for purposes of IC 16-51, has the meaning set forth in IC 16-51-1-1. 8 SECTION 16. IC 16-18-2-277.4 IS ADDED TO THE INDIANA 9 CODE AS A NEW SECTION TO READ AS FOLLOWS 10 [EFFECTIVE JULY 1, 2021]: Sec. 277.4. "Personal caregiver", for 11 purposes of IC 16-51, has the meaning set forth in IC 16-51-1-1. 12 SECTION 17. IC 16-18-2-282, AS AMENDED BY P.L.153-2018, 13 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 14 JULY 1, 2021]: Sec. 282. (a) "Physician", except as provided in 15 subsections (b) and (c), means a licensed physician (as defined in 16 section 202 of this chapter). 17 (b) "Physician", for purposes of IC 16-41-12, has the meaning set 18 forth in IC 16-41-12-7. 19 (c) "Physician", for purposes of IC 16-37-1-3.1 and IC 16-37-3-5, 20 means an individual who: 21 (1) was the physician last in attendance (as defined in section 22 282.2 of this chapter); or 23 (2) is licensed under IC 25-22.5. 24 (d) "Physician", for purposes of IC 16-48-1, is subject to 25 IC 16-48-1-2. 26 (e) "Physician", for purposes of IC 16-51, has the meaning set 27 forth in IC 16-51-1-1. 28 SECTION 18. IC 16-18-2-302.7 IS ADDED TO THE INDIANA 29 CODE AS A NEW SECTION TO READ AS FOLLOWS 30 [EFFECTIVE JULY 1, 2021]: Sec. 302.7. "Qualifying patient", for 31 purposes of IC 16-51, has the meaning set forth in IC 16-51-1-1. 32 SECTION 19. IC 16-18-2-361.6 IS ADDED TO THE INDIANA 33 CODE AS A NEW SECTION TO READ AS FOLLOWS 34 [EFFECTIVE JULY 1, 2021]: Sec. 361.6. "Usable cannabis", for 35 purposes of IC 16-51, has the meaning set forth in IC 16-51-1-1. 36 SECTION 20. IC 16-18-2-363.4 IS ADDED TO THE INDIANA 37 CODE AS A NEW SECTION TO READ AS FOLLOWS 38 [EFFECTIVE JULY 1, 2021]: Sec. 363.4. "Verification system", for 39 purposes of IC 16-51, has the meaning set forth in IC 16-51-1-1. 40 SECTION 21. IC 16-18-2-378.5 IS ADDED TO THE INDIANA 41 CODE AS A NEW SECTION TO READ AS FOLLOWS 42 [EFFECTIVE JULY 1, 2021]: Sec.
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