Cannabis Laws -- Indiana
Status: Fully Illegal
Medical: No
Recreational: No
Other: "Indiana has some of the most draconian marijuana penalties in the
country. Possession of even a single joint is punishable by up to a year
of incarceration and a fine of up to $5,000. Sadly, almost 90% of all
reported burglaries, including home invasions, and over 85% of all motor
vehicle thefts go unsolved, according to the state-based reports from
Indiana state law enforcement to the FBI for the year 2012. During the
same year, law enforcement devoted valuable time and resources to either
arresting or citing over 9,000 individuals for marijuana-related
offenses, 86% of which were for possession."- MPP
Links: NORML - http://norml.org/laws/item/indiana-penalties
Pending Legislation 2016 - 17 Bills:
| Number: | IN [R] HB 1005 - Updated (Status 03/24/2016) |
| Sponsor: | Rep. Dale DeVon (REP-IN) |
| Title: | Various education matters. |
| Abstract: | Various education matters. Provides that the department of education (department) shall make random visits to at least 5% of schools that are eligible to receive choice scholarships during a particular school year. (Current law provides that the department shall make random visits to at least 5% of eligible schools and charter schools.) Specifies that if a choice scholarship student changes schools during the school year after the December 1 count of special education pupils, any choice scholarship amounts paid to the choice scholarship student for the remainder of the school year after the choice scholarship student enrolls in a different eligible school shall not include amounts that a school corporation would receive as a special education grant for the choice scholarship student. ... |
| Status: | Public Law 106 - 03/22/2016 |
| Number: | IN [R] HB 1028 - Updated (Status 03/24/2016) |
| Sponsor: | Rep. Randolph Truitt (REP-IN) |
| Title: | Human trafficking and common nuisances. |
| Abstract: | Human trafficking and common nuisances. Repeals certain provision in current law defining the crimes of visiting and maintaining a common nuisance in connection with the unlawful use of: (1) alcohol; (2) legend drugs; and (3) controlled substances. Creates a new statute defining the crimes of visiting and maintaining a common nuisance in connection with: (1) the unlawful use of alcohol; (2) the unlawful use of a legend drug; (3) the unlawful use of controlled substances; and (4) certain human trafficking crimes. Makes visiting a common nuisance where certain human trafficking crimes are being committed a Class A misdemeanor, and makes maintaining a common nuisance where certain human trafficking crimes are being committed a Level 6 felony. Repeals obsolete provisions and makes conforming ... |
| Status: | Public Law 59 - 03/21/2016 |
| Number: | IN [R] HB 1051 - Updated (Text 01/18/2016) |
| Sponsor: | Rep. Greg Steuerwald (REP-IN) |
| Title: | Organized retail theft. |
| Abstract: | Makes it organized retail theft, a Level 5 felony, for a person: (1) to knowingly: (A) take, procure, receive, conceal, or otherwise exercise control over the personal property of a retail merchant; or (B) use an artifice, an instrument, a container, a device, or another article to facilitate taking, procuring, receiving, concealing, or exercising control over the personal property of a retail merchant; without the consent of the retail merchant or without paying the appropriate consideration for the personal property; and (2) with the intent to sell, deliver, or distribute the personal property to another person. Allows property with a retail or repurchase value of at least $100 that is stolen during the commission of the crime of organized retail theft to be seized and forfeited under ... |
| Status: | First reading: referred to Committee on Courts and Criminal Code - 01/05/2016 |
| Number: | IN [R] HB 1098 - Updated (Text 01/18/2016) |
| Sponsor: | Rep. Clyde Kersey (DEM-IN) |
| Title: | Cannabidiol treatment for epilepsy. |
| Abstract: | Cannabidiol treatment for epilepsy. Provides that a person who possesses or uses cannabidiol oil for the treatment of intractable epilepsy is not subject to criminal penalties for the possession or use of the cannabidiol oil if certain conditions are met. Provides civil, criminal, and administrative immunity for a physician who recommends, possesses, dispenses, or administers cannabidiol oil in the treatment of intractable epilepsy. |
| Status: | First reading: referred to Committee on Courts and Criminal Code - 01/19/2016 |
| Number: | IN [R] HB 1158 - Updated (Status 01/19/2016) |
| Sponsor: | Rep. Terry Goodin (DEM-IN) |
| Title: | Cannabis oil for medical treatment. |
| Abstract: | Cannabis oil for medical treatment. Exempts an individual and a physician from criminal penalties for possession or use of cannabis oil if: (1) the individual is the patient of the physician and has cannabis oil transferred, dispensed, or administered to the individual as part of the individual's treatment by the physician; and (2) the physician who is treating the individual transfers, dispenses, or administers cannabis oil as part of the individual's treatment. |
| Status: | Representative Errington added as coauthor - 01/19/2016 |
| Number: | IN [R] HB 1211 - Updated (Status 03/29/2016) |
| Sponsor: | Rep. Martin Carbaugh (REP-IN) |
| Title: | Methamphetamine and criminal mischief. |
| Abstract: | Methamphetamine and criminal mischief. Includes the attempted manufacture of methamphetamine in the statutory definition of ""methamphetamine abuse"". Requires law enforcement agencies to report fires related to methamphetamine abuse to the Indiana criminal justice institute. Makes it institutional criminal mischief, a Class A misdemeanor, for a person to recklessly, knowingly, or intentionally damage property: (1) that is vacant real property or a vacant structure; or (2) after the person has been denied entry to the property by a court order that was issued to the person or to the general public by conspicuous posting on or around the property in areas where a person could observe the order when the property has been designated by a municipality or county enforcement authority to be a ... |
| Status: | Public Law 76 - 03/21/2016 |
| Number: | IN [R] HB 1228 - Updated (Status 02/16/2016) |
| Sponsor: | Rep. Lloyd Arnold (REP-IN) |
| Title: | Hemp. |
| Abstract: | Allows the state seed commissioner to adopt rules ti implement laws concerning industrial hemp. Encourages Indiana University School of Medicine and other state educational institutions to research the use of cannabidiol oil (CBD) from a hemp plant in the treatment of intractable epilepsy. Provides that an individual who possesses or uses CBD from a hemp plant for the treatment of intractable epilepsy is not subject to criminal penalties for the possession or use of the CBD if certain conditions are met. Provides civil, criminal, and administrative immunity for a physician who recommends, dispenses, possesses, or administers CBD in the treatment of intractable epilepsy. |
| Status: | Senator Head removed as second sponsor - 02/16/2016 |
| Number: | IN [R] HB 1284 - Updated (Text 01/18/2016) |
| Sponsor: | Rep. Sue Errington (DEM-IN) |
| Title: | Medical cannabis. |
| Abstract: | Defines ""qualifying patient"", and permits a qualifying patient to use medical cannabis under certain circumstances. Requires the state department of health to adopt rules before July 1, 2017, concerning the use, distribution, cultivation, production, and testing of medical cannabis. Provides limited reciprocity for holders of nonresident medical cannabis cards. Provides immunity for physicians who recommend the medical use of cannabis. Makes conforming amendments. |
| Status: | First reading: referred to Committee on Public Health - 01/12/2016 |
| Number: | IN [R] SB 89 - Updated (New 01/18/2016) |
| Sponsor: | Sen. James Merritt (REP-IN) |
| Title: | Lifeline law. |
| Abstract: | Specifies that a law enforcement officer may not arrest a person less than 21 years of age for an offense involving possession of paraphernalia or a controlled substance if the officer's contact with the person was due to the reporting of a medical emergency and certain other conditions are met. Specifies that the arrest and criminal immunity provisions of the lifeline law apply to: (1) a person requiring medical attention; and (2) a person who owns the property where the medical emergency occurs. (Under current law, the arrest and immunity provisions apply only to persons who report the medical emergency or assist in reporting the emergency.) Adds: (1) unlawfully furnishing alcohol to a minor; (2) unlawfully providing a location for a minor to consume alcohol; and (3) for a person less ... |
| Status: | First reading: referred to Committee on Corrections & Criminal Law - 01/05/2016 |
| Number: | IN [R] SB 174 - Updated (Status 03/24/2016) |
| Sponsor: | Sen. R. Michael Young (REP-IN) |
| Title: | Criminal law matters. |
| Abstract: | Provides that a person who, with intent to: (1) deceive; or (2) induce compliance with the person's instructions, orders, or requests; falsely represents that the person is a public servant, commits impersonation of a public servant, a Class A misdemeanor. Creates the offense of dealing in a controlled substance by a practitioner, and enhances the offense if the offenses causes the death of another person. |
| Status: | Public Law 31 - 03/21/2016 |
| Number: | IN [R] SB 187 - Updated (Status 03/24/2016) |
| Sponsor: | Sen. James Merritt (REP-IN) |
| Title: | Overdose intervention drugs. |
| Abstract: | Overdose intervention drugs. Requires an entity acting under a standing order issued by a prescriber for an overdose intervention drug to report annually certain information to the state department of health (state department). Requires the state department to ensure that a statewide standing order for the dispensing of an overdose intervention drug is issued for Indiana. Allows the state health commissioner or a public health authority to issue a statewide standing order for the dispensing of an overdose intervention drug. Requires certain emergency ambulance services responsible for submitting the report to report the number of times an overdose intervention drug has been administered. Requires the ambulance service to include the information in the emergency ambulance service's report ... |
| Status: | Public Law 6 - 03/21/2016 |
| Number: | IN [R] SB 205 - Updated (Text, Status 01/18/2016) |
| Sponsor: | Sen. James Merritt (REP-IN) |
| Title: | Controlled substances. |
| Abstract: | Requires a court to grant specialized driving privileges to a person on probation or in a community corrections program to permit the person to: (1) participate in a court ordered or approved treatment program; or (2) travel to and from the person's place of employment. Increases the penalty for dealing in methamphetamine and cocaine or a narcotic drug (including heroin). Specifies that a person who distributes a substance represented to be a specific controlled substance commits an offense of the same level as distributing the specific controlled substance. Provides that a person may be convicted of possession with intent to manufacture or deliver a controlled substance without additional evidence of intent to manufacture or deliver a controlled substance if the person possesses more than ... |
| Status: | First reading: referred to Committee on Corrections & Criminal Law - 01/06/2016 |
| Number: | IN [R] SB 209 - Updated (Text, Status 01/18/2016) |
| Sponsor: | Sen. Karen Tallian (DEM-IN) |
| Title: | Medical marijuana. |
| Abstract: | Establishes a medical marijuana program (program) and permits caregivers and patients who have received a physician recommendation to possess a certain quantity of marijuana for treatment of certain medical conditions. Establishes the department of marijuana enforcement (DOME) as a state agency to oversee the program, and creates the DOME advisory committee to review the effectiveness of the program and to consider recommendations from DOME. Authorizes DOME to grant research licenses to research facilities with a physical presence in Indiana. Repeals the controlled substance excise tax and the marijuana eradication program. Makes conforming amendments. |
| Status: | First reading: referred to Committee on Health & Provider Services - 01/06/2016 |
| Number: | IN [R] SB 245 - Updated (Hearing 01/22/2016) |
| Sponsor: | Sen. Jon Ford (REP-IN) |
| Title: | Drug testing of unemployment insurance applicants. |
| Abstract: | Drug testing of unemployment insurance applicants. Requires an individual to undergo a drug test as a condition of the individual's initial eligibility for unemployment benefits (benefits) if the individual: (1) was discharged from employment by the individual's most recent employer because of the individual's unlawful use of a controlled substance; or (2) is an individual for whom suitable work is only available in an occupation that the United States Department of Labor has determined by rule is an occupation that regularly conducts drug testing. If the individual tests positive or refuses to take a drug test, provides that the individual is ineligible for waiting period or benefit rights for the week in which the positive test results or refusal occurred and until: (1) the individual ... |
| Status: | Senator Kruse added as second author - 01/19/2016 |
| Number: | IN [R] SB 258 - Updated (Text, Status 01/18/2016) |
| Sponsor: | Sen. Jim Tomes (REP-IN) |
| Title: | Cannabidiol for the treatment of epilepsy. |
| Abstract: | Cannabidiol for the treatment of epilepsy. Provides that certain prohibitions against granting a license to a grower or handler of industrial hemp do not apply to growers and manufacturers that process cannabidiol (CBD) and meet certain requirements. Requires the state seed commissioner to establish testing standards for CBD. Establishes requirements for facilities and manufacturers that manufacture or process CBD. Allows CBD that is manufactured and tested in Indiana to be used by certain physicians, patients, and caregivers. Establishes a CBD registry for certain physicians, patients, and caregivers for the use of CBD from hemp in the treatment of a child with intractable epilepsy. Establishes a pilot study registry for physicians interested in studying the use of CBD in the treatment of ... |
| Status: | First reading: referred to Committee on Health & Provider Services - 01/07/2016 |
| Number: | IN [R] SB 334 - Updated (Status 03/23/2016) |
| Sponsor: | Sen. Carlin Yoder (REP-IN) |
| Title: | Various education matters. |
| Abstract: | Various education matters. Provides that the department of education (department) shall make random visits to at least 5% of schools that are eligible to receive choice scholarships during a particular school year. (Current law provides that the department shall make random visits to at least 5% of eligible schools and charter schools.) Specifies that if a choice scholarship student changes schools during the school year after the December 1 count of special education pupils, any choice scholarship amounts paid to the choice scholarship student for the remainder of the school year after the choice scholarship student enrolls in a different eligible school shall not include amounts that a school corporation would receive as a special education grant for the choice scholarship student. ... |
| Status: | Senate Advisors appointed: Kruse, Stoops and Banks - 03/07/2016 |
| Number: | IN [R] SB 384 - Updated (Text 01/18/2016) |
| Sponsor: | Sen. Frank Mrvan (DEM-IN) |
| Title: | Annual review of unpaid restitution orders. |
| Abstract: | Annual review of unpaid restitution orders. Requires a governmental entity that is the beneficiary of a criminal or juvenile restitution order issued by a state or federal court to file annually with the court and with the state board of accounts a payment status report. Provides that the payment status report must include information on the status of the restitution order, including, if applicable, information concerning any arrearage. Requires the state board of accounts to review the status of a restitution order if it conducts an audit of a governmental entity that is the beneficiary of the restitution order. Grants the issuing court authority to facilitate enforcement of the restitution order. Allows the: (1) attorney general (in the case of a restitution order issued on behalf of the ... |
| Status: | First reading: referred to Committee on Judiciary - 01/12/2016 |
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