SB 250

Official digest

Defines "THC" for purposes of Indiana alcohol and tobacco law. Expands certain crimes concerning alcohol and tobacco, including crimes regarding possession by minors and sales to minors, to include products containing THC. Provides that a violation of the hemp derived cannabinoid products chapter is a deceptive act. Provides that the offense of aiding unlawful possession includes unlawful possession of a product containing THC. Provides that the alcohol and tobacco commission (commission) shall conduct random inspections of locations where products containing THC are sold. Allows law enforcement officers to engage minors who are at least 16 years of age to purchase THC products as part of a law enforcement action. Enacts provisions regulating the manufacture, distribution, sale, and transportation of hemp derived cannabinoid products (hemp derived cannabinoid products law). Requires the commission to enforce and administer the hemp derived cannabinoid products law. Provides for issuance of: (1) manufacturer permits; (2) distributor permits; (3) retail permits; and (4) carrier permits; for hemp derived cannabinoid products. Prohibits the sale of hemp derived cannabinoid products online or by delivery. Provides that a person issued a manufacturer permit may manufacture hemp derived cannabinoid products only in Indiana. Imposes packaging and labeling requirements for hemp derived cannabinoid products. Requires testing of hemp derived cannabinoid products and provides that the commission may spot test hemp derived cannabinoid products for compliance with the hemp derived cannabinoid products law. Specifies circumstances under which a hemp derived cannabinoid product shall be treated as if it is marijuana. Creates the hemp derived cannabinoid products fund and specifies purposes for which money in the fund shall be used. Imposes restrictions on advertising of hemp derived cannabinoid products. Imposes criminal penalties for violations of the hemp derived cannabinoid products law, and provides that a violation of the hemp derived cannabinoid products law is a deceptive act for purposes of Indiana law regarding deceptive consumer sales. Provides that for purposes of Indiana motor vehicle law: (1) "intoxicated" includes being under the influence of tetrahydrocannabinol; and (2) "schedule I drug" includes marijuana, hemp, and tetrahydrocannabinol. Provides that the state seed commissioner (commissioner) may issue hemp grower's licenses and hemp handler's licenses, and specifies licensure requirements and duties of licensees. Provides that the commissioner: (1) shall share information with the state police department regarding the commissioner's licensure of hemp growers and handlers; and (2) shall report specified information to the United States Secretary of Agriculture. Provides that Indiana's hemp growing programs may not operate above federal restrictions or limitations. Repeals chapters regarding: (1) distribution of low THC hemp extract; and (2) sale of low THC hemp extract. Provides that a retail establishment in which tobacco products and products containing THC (rather than tobacco products alone, under current law) account for 85% of the establishment's gross sales may not allow an individual under 21 years of age to enter the establishment. Adds federal definitions of certain hemp terms to the Indiana criminal code. Modifies definitions of "marijuana" and "smokable hemp" for purposes of the Indiana criminal code. Removes references to "delta-9-tetrahydrocannabinol" and "low THC hemp extract" in certain crimes. Provides that nothing in Indiana: (1) alcohol and tobacco law; or (2) agriculture law; may be construed under the "inclusio unius, exclusio alterius" canon of construction as legalizing marijuana. Specifies situations in which a product shall be treated as if it is marijuana. Makes an appropriation.