IN SB0516 | 2019 | Regular Session

Status

Completed Legislative Action
Spectrum: Slight Partisan Bill (Republican 11-4)
Status: Passed on May 2 2019 - 100% progression
Action: 2019-05-02 - Public Law 190
Text: Latest bill text (Enrolled) [PDF]

Summary

Regulation of hemp. Establishes the Indiana hemp advisory committee (committee) to provide advice to the office of the state seed commissioner (commissioner) regarding Indiana's hemp laws. Sunsets the committee on July 1, 2021. Prohibits the commissioner from regulating a hemp product. Changes references from "industrial hemp" to "hemp" and amends the definition of hemp. Adds a definition of "hemp product". Allows for aerial inspection of hemp crops. Removes the limitation on the number of inspections that the state police department may conduct on a licensed hemp operation. Allows the commissioner to perform a criminal background check of an applicant for a hemp license or agricultural hemp seed production license. Establishes a uniform expiration date for hemp licenses and agricultural hemp seed production licenses. Requires a person who sells agricultural hemp to have a seed distribution permit. Provides that: (1) the commissioner may revoke the hemp license of a licensee who fails to cooperate with the commissioner, the state police, a federal law enforcement agency, or a local law enforcement agency in an inspection of the licensee's crop; and (2) the failure to cooperate constitutes probable cause for the commissioner, state police, federal law enforcement agency, or local law enforcement agency to search the premises of the licensee's hemp operation. Provides that, if the state police department, a federal law enforcement agency, or a local law enforcement agency cooperates with the commissioner in the detention, seizure, or embargo of a hemp crop, the state police department, federal law enforcement agency, or local law enforcement agency is immune from civil liability for the detention, seizure, or embargo. Provides that a hemp grower shall reimburse the commissioner for the cost of testing conducted on the grower's crop. Allows the commissioner to order a hemp crop that is detained, seized, or embargoed for noncompliance to be destroyed by the owner. Subject to federal law, allows the commissioner to divert for processing a hemp crop that is detained, seized, or embargoed. Establishes requirements for a licensed handler to distribute clones and other nonseed propagative material. Provides that the commissioner may enter into agreements with laboratories selected by the Indiana state police department to perform testing of hemp samples. Requires any civil penalties collected under the hemp law to be transferred to the Indiana state department of agriculture and used for hemp marketing and research purposes. Provides that, in addition to payment of any civil penalty imposed by the commissioner, a person who violates certain requirements shall reimburse the commissioner for any costs incurred by the commissioner for laboratory testing of material pertaining to the violation. Allows negligent violations of the hemp law to be corrected without a penalty. Allows the commissioner to adopt emergency rules to comply with federal requirements. Establishes procedures by which the commissioner shall apply to the United States Department of Agriculture for approval of Indiana's hemp regulation. Requires a person who sells hemp to: (1) be licensed in Indiana and in the jurisdiction in which the hemp is grown; and (2) provide certain information to the buyer. Provides that hemp bud and hemp flower may be sold only to a licensed hemp processor and that the commissioner may assess a civil penalty of not more than $2,500 for a violation. Provides that a person who knowingly or intentionally violates: (1) a term, condition, or requirement of a hemp license; or (2) a rule adopted under the hemp law; is subject to a civil penalty and possible license revocation. Provides that growing or handling hemp or selling hemp seed without a license is a Class A misdemeanor. Prohibits a local government unit from adopting or enforcing an ordinance that restricts or regulates the growth, production, or processing of hemp. Provides that the cannabidiol percent present in low THC hemp extract be certified. Provides a criminal penalty for dealing, manufacturing, financing, or possessing smokable hemp. Specifies that financial institutions, agencies, and instrumentalities of the state or the United States are not subject to certain crimes concerning financing the manufacture or distribution of smokable hemp. Allows the court to defer judgment on a crime concerning smokable hemp and dismiss charges if certain conditions are met. Makes conforming changes. Removes expired provisions.

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Title

Regulation of hemp. Establishes the Indiana hemp advisory committee (committee) to provide advice to the office of the state seed commissioner (commissioner) regarding Indiana's hemp laws. Sunsets the committee on July 1, 2021. Prohibits the commissioner from regulating a hemp product. Changes references from "industrial hemp" to "hemp" and amends the definition of hemp. Adds a definition of "hemp product". Allows for aerial inspection of hemp crops. Removes the limitation on the number of inspections that the state police department may conduct on a licensed hemp operation. Allows the commissioner to perform a criminal background check of an applicant for a hemp license or agricultural hemp seed production license. Establishes a uniform expiration date for hemp licenses and agricultural hemp seed production licenses. Requires a person who sells agricultural hemp to have a seed distribution permit. Provides that: (1) the commissioner may revoke the hemp license of a licensee who fails to cooperate with the commissioner, the state police, a federal law enforcement agency, or a local law enforcement agency in an inspection of the licensee's crop; and (2) the failure to cooperate constitutes probable cause for the commissioner, state police, federal law enforcement agency, or local law enforcement agency to search the premises of the licensee's hemp operation. Provides that, if the state police department, a federal law enforcement agency, or a local law enforcement agency cooperates with the commissioner in the detention, seizure, or embargo of a hemp crop, the state police department, federal law enforcement agency, or local law enforcement agency is immune from civil liability for the detention, seizure, or embargo. Provides that a hemp grower shall reimburse the commissioner for the cost of testing conducted on the grower's crop. Allows the commissioner to order a hemp crop that is detained, seized, or embargoed for noncompliance to be destroyed by the owner. Subject to federal law, allows the commissioner to divert for processing a hemp crop that is detained, seized, or embargoed. Establishes requirements for a licensed handler to distribute clones and other nonseed propagative material. Provides that the commissioner may enter into agreements with laboratories selected by the Indiana state police department to perform testing of hemp samples. Requires any civil penalties collected under the hemp law to be transferred to the Indiana state department of agriculture and used for hemp marketing and research purposes. Provides that, in addition to payment of any civil penalty imposed by the commissioner, a person who violates certain requirements shall reimburse the commissioner for any costs incurred by the commissioner for laboratory testing of material pertaining to the violation. Allows negligent violations of the hemp law to be corrected without a penalty. Allows the commissioner to adopt emergency rules to comply with federal requirements. Establishes procedures by which the commissioner shall apply to the United States Department of Agriculture for approval of Indiana's hemp regulation. Requires a person who sells hemp to: (1) be licensed in Indiana and in the jurisdiction in which the hemp is grown; and (2) provide certain information to the buyer. Provides that hemp bud and hemp flower may be sold only to a licensed hemp processor and that the commissioner may assess a civil penalty of not more than $2,500 for a violation. Provides that a person who knowingly or intentionally violates: (1) a term, condition, or requirement of a hemp license; or (2) a rule adopted under the hemp law; is subject to a civil penalty and possible license revocation. Provides that growing or handling hemp or selling hemp seed without a license is a Class A misdemeanor. Prohibits a local government unit from adopting or enforcing an ordinance that restricts or regulates the growth, production, or processing of hemp. Provides that the cannabidiol percent present in low THC hemp extract be certified. Provides a criminal penalty for dealing, manufacturing, financing, or possessing smokable hemp. Specifies that financial institutions, agencies, and instrumentalities of the state or the United States are not subject to certain crimes concerning financing the manufacture or distribution of smokable hemp. Allows the court to defer judgment on a crime concerning smokable hemp and dismiss charges if certain conditions are met. Makes conforming changes. Removes expired provisions.

Sponsors


Roll Calls

2019-04-24 - Senate - Senate - Rules Suspended. Conference Committee Report 1 (Y: 39 N: 9 NV: 1 Abs: 1) [PASS]
2019-04-24 - House - House - Rules Suspended. Conference Committee Report 1 (Y: 94 N: 3 NV: 0 Abs: 3) [PASS]
2019-04-09 - House - House - Third reading (Y: 85 N: 10 NV: 1 Abs: 4) [PASS]
2019-04-04 - House - House - Committee Vote (Y: 13 N: 0 NV: 0 Abs: 0) [PASS]
2019-02-25 - Senate - Third reading (Y: 47 N: 1 NV: 1 Abs: 1) [PASS]
2019-01-24 - Senate - Senate - Committee Vote (Y: 8 N: 3 NV: 0 Abs: 0) [PASS]

History

DateChamberAction
2019-05-02SenatePublic Law 190
2019-05-02SenateSigned by the Governor
2019-04-30SenateSigned by the President of the Senate
2019-04-29HouseSigned by the Speaker
2019-04-24SenateSigned by the President Pro Tempore
2019-04-24HouseRules Suspended. Conference Committee Report 1: adopted by the House; Roll Call 627: yeas 94, nays 3
2019-04-24SenateRules Suspended. Conference Committee Report 1: adopted by the Senate; Roll Call 591: yeas 39, nays 9
2019-04-23HouseCCR # 1 filed in the House
2019-04-23SenateCCR # 1 filed in the Senate
2019-04-15HouseHouse advisors appointed: Lehe, Prescott, Baird, Lucas, Heine, Goodin and Wright
2019-04-15HouseHouse conferees appointed: Eberhart and Klinker
2019-04-11SenateSenate advisors appointed: Doriot, Ford J.D., Perfect and Niezgodski
2019-04-11SenateSenate conferees appointed: Head and Tallian
2019-04-11SenateSenate dissented from House amendments
2019-04-11SenateMotion to dissent filed
2019-04-11HouseReturned to the Senate with amendments
2019-04-09HouseThird reading: passed; Roll Call 450: yeas 85, nays 10
2019-04-08HouseAmendment #4 (Lucas) prevailed; Division of the House: yeas 49, nays 47
2019-04-08HouseAmendment #2 (Eberhart) prevailed; voice vote
2019-04-08HouseAmendment #1 (Eberhart) prevailed; voice vote
2019-04-08HouseAmendment #3 (Lehe) prevailed; voice vote
2019-04-08HouseSecond reading: amended, ordered engrossed
2019-04-04HouseCommittee report: amend do pass, adopted
2019-03-05HouseRepresentative Klinker added as cosponsor
2019-03-05HouseRepresentative Lehe removed as cosponsor
2019-03-05HouseFirst reading: referred to Committee on Agriculture and Rural Development
2019-02-26SenateReferred to the House
2019-02-25SenateCosponsors: Representatives Lehe, Karickhoff and Manning
2019-02-25SenateHouse sponsor: Representative Eberhart
2019-02-25SenateThird reading: passed; Roll Call 196: yeas 47, nays 1
2019-02-21SenateSenator Raatz added as coauthor
2019-02-21SenateAmendment #2 (Head) prevailed; voice vote
2019-02-21SenateSecond reading: amended, ordered engrossed
2019-02-04SenateSenator Bohacek added as coauthor
2019-01-31SenateSenator Randolph added as coauthor
2019-01-31SenateSenator Spartz added as coauthor
2019-01-28SenateSenator Stoops added as coauthor
2019-01-28SenateCommittee report: amend do pass, adopted
2019-01-24SenateSenator Glick added as coauthor
2019-01-24SenateSenator Buck added as coauthor
2019-01-24SenateSenator Perfect added as third author
2019-01-14SenateSenator Ford J.D. added as coauthor
2019-01-14SenateSenator Doriot added as second author
2019-01-14SenateFirst reading: referred to Committee on Commerce and Technology
2019-01-14SenateAuthored by Senator Head

Indiana State Sources

TypeSource
Summaryhttp://iga.in.gov/legislative/2019/bills/senate/516/
Texthttp://iga.in.gov/static-documents/2/e/d/e/2ede176d/SB0516.01.INTR.pdf
Texthttp://iga.in.gov/static-documents/e/8/c/0/e8c06133/SB0516.01.INTR.pdf
Texthttp://iga.in.gov/static-documents/6/a/6/6/6a665fa8/SB0516.02.COMS.pdf
Texthttp://iga.in.gov/static-documents/9/4/4/d/944d07c1/SB0516.02.COMS.pdf
Texthttp://iga.in.gov/static-documents/3/6/4/9/36493164/SB0516.03.ENGS.pdf
Texthttp://iga.in.gov/static-documents/b/5/1/9/b51975cf/SB0516.03.ENGS.pdf
Texthttp://iga.in.gov/static-documents/e/e/b/b/eebb29fe/SB0516.04.COMH.pdf
Texthttp://iga.in.gov/static-documents/6/3/0/5/6305e0db/SB0516.04.COMH.pdf
Texthttp://iga.in.gov/static-documents/7/2/0/0/72002891/SB0516.05.ENGH.pdf
Texthttp://iga.in.gov/static-documents/3/2/c/c/32cc6891/SB0516.05.ENGH.pdf
Texthttp://iga.in.gov/static-documents/d/6/9/8/d6981537/SB0516.06.ENRH.pdf
Roll Callhttp://iga.in.gov/static-documents/4/7/2/e/472e9988/SB0516.01.INTR.01.pdf
Roll Callhttp://iga.in.gov/static-documents/7/b/9/b/7b9b9483/SB0516.196.pdf
Roll Callhttp://iga.in.gov/static-documents/d/c/d/3/dcd38b75/SB0516.03.ENGS.00.pdf
Roll Callhttp://iga.in.gov/static-documents/4/6/0/c/460c1d59/SB0516.450.pdf
Roll Callhttp://iga.in.gov/static-documents/2/a/6/d/2a6d982f/SB0516.627.pdf
Roll Callhttp://iga.in.gov/static-documents/a/7/e/c/a7ecdca3/SB0516.591.pdf

Bill Comments

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