Bill Text: IN HB1370 | 2012 | Regular Session | Introduced
Bill Title: Medicinal marijuana.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2012-01-11 - First reading: referred to Committee on Public Policy [HB1370 Detail]
Download: Indiana-2012-HB1370-Introduced.html
Citations Affected: IC 16-19-3-30; IC 35-48.
Synopsis: Medicinal marijuana. Requires the executive board of the
state department of health to adopt rules to regulate registered
medicinal marijuana cardholders, medicinal marijuana dispensaries,
and registered medicinal marijuana dispensary employees. Provides
that marijuana crimes do not apply in certain circumstances to
medicinal marijuana cardholders, medicinal marijuana dispensaries,
and registered medicinal marijuana dispensary employees. Makes a
technical correction.
Effective: July 1, 2012.
January 10, 2012, read first time and referred to Committee on Public Policy.
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
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
A BILL FOR AN ACT to amend the Indiana Code concerning
health.
(1) process applications for medicinal marijuana cardholders under IC 35-48-8-2;
(2) issue cards for approved medicinal marijuana cardholders under IC 35-48-8-2; and
(3) regulate medicinal marijuana dispensaries under IC 35-48-8-4.
(b) The executive board shall adopt reasonable rules under IC 4-22-2 to regulate:
(1) registered medicinal marijuana cardholders under IC 35-48-8-2;
(2) medical marijuana dispensaries under IC 35-48-8-4; and
(3) registered medicinal marijuana dispensary employees under IC 35-48-8-4.
(c) The state department shall prescribe forms to carry out the
state department's duties under this section.
(1) ingesting, inhaling, or otherwise introducing into the human body marijuana, hash oil, hashish, salvia, a synthetic cannabinoid, or a controlled substance;
(2) testing the strength, effectiveness, or purity of marijuana, hash oil, hashish, salvia, a synthetic cannabinoid, or a controlled substance;
(3) enhancing the effect of a controlled substance;
(4) manufacturing, compounding, converting, producing, processing, or preparing marijuana, hash oil, hashish, salvia, a synthetic cannabinoid, or a controlled substance;
(5) diluting or adulterating marijuana, hash oil, hashish, salvia, a synthetic cannabinoid, or a controlled substance by individuals; or
(6) any purpose announced or described by the seller that is in violation of this chapter;
commits a Class A infraction for dealing in paraphernalia.
(b) A person who knowingly or intentionally violates subsection (a) commits a Class A misdemeanor. However, the offense is a Class D felony if the person has a prior unrelated judgment or conviction under this section.
(c) A person who recklessly keeps for sale, offers for sale, or delivers an instrument, a device, or other object that is to be used primarily for:
(1) ingesting, inhaling, or otherwise introducing into the human body marijuana, hash oil, hashish, salvia, a synthetic cannabinoid, or a controlled substance;
(2) testing the strength, effectiveness, or purity of marijuana, hash oil, hashish, salvia, a synthetic cannabinoid, or a controlled substance;
(3) enhancing the effect of a controlled substance;
(4) manufacturing, compounding, converting, producing, processing, or preparing marijuana, hash oil, hashish, salvia, a synthetic cannabinoid, or a controlled substance;
(5) diluting or adulterating marijuana, hash oil, hashish, salvia, a synthetic cannabinoid, or a controlled substance by individuals;
or
(6) any purpose announced or described by the seller that is in
violation of this chapter;
commits reckless dealing in paraphernalia, a Class B misdemeanor.
However, the offense is a Class D felony if the person has a previous
judgment or conviction under this section.
(d) This section does not apply to the following:
(1) Items marketed for use in the preparation, compounding,
packaging, labeling, or other use of marijuana, hash oil, hashish,
salvia, a synthetic cannabinoid, or a controlled substance as an
incident to lawful research, teaching, or chemical analysis and not
for sale.
(2) Items marketed for or historically and customarily used in
connection with the planting, propagating, cultivating, growing,
harvesting, manufacturing, compounding, converting, producing,
processing, preparing, testing, analyzing, packaging, repackaging,
storing, containing, concealing, injecting, ingesting, or inhaling
of tobacco or any other lawful substance.
(3) A medicinal marijuana dispensary under IC 35-48-8 or a
registered medicinal marijuana dispensary employee acting
in the capacity as a medicinal marijuana dispensary
employee.
(1) knowingly or intentionally:
(A) manufactures;
(B) finances the manufacture of;
(C) delivers; or
(D) finances the delivery of;
marijuana, hash oil, hashish, salvia, or a synthetic cannabinoid, 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, salvia, or a synthetic cannabinoid, pure or adulterated;
commits dealing in marijuana, hash oil, hashish, salvia, or a synthetic cannabinoid, a Class A misdemeanor, except as provided in subsection
(b).
(b) The offense is:
(1) a Class D felony if:
(A) the recipient or intended recipient is under eighteen (18)
years of age;
(B) the amount involved is more than thirty (30) grams but
less than ten (10) pounds of marijuana or more than two (2)
grams but less than three hundred (300) grams of hash oil,
hashish, salvia, or a synthetic cannabinoid; or
(C) the person has a prior conviction of an offense involving
marijuana, hash oil, hashish, salvia, or a synthetic
cannabinoid; and
(2) a Class C felony if the amount involved is ten (10) pounds or
more of marijuana or three hundred (300) or more grams of hash
oil, hashish, salvia, or a synthetic cannabinoid, or the person
delivered or financed the delivery of marijuana, hash oil, hashish,
salvia, or a synthetic cannabinoid:
(A) on a school bus; or
(B) in, on, or within one thousand (1,000) feet of:
(i) school property;
(ii) a public park;
(iii) a family housing complex; or
(iv) a youth program center.
(c) This section does not apply to a medicinal marijuana
dispensary under IC 35-48-8 or a registered medicinal marijuana
dispensary employee acting in the capacity as a medicinal
marijuana dispensary employee.
(1) knowingly or intentionally possesses (pure or adulterated) marijuana, hash oil, hashish, salvia, or a synthetic cannabinoid;
(2) knowingly or intentionally grows or cultivates marijuana; or
(3) knowing that marijuana is growing on the person's premises, fails to destroy the marijuana plants;
commits possession of marijuana, hash oil, hashish, salvia, or a synthetic cannabinoid, a Class A misdemeanor. However, the offense is a Class D felony
cannabinoid.
(b) The crime of possession of marijuana, hash oil, or hashish
under subsection (a) does not apply to a:
(1) person who is a registered medicinal marijuana
cardholder under IC 35-48-8;
(2) medicinal marijuana dispensary under IC 35-48-8; or
(3) registered medicinal marijuana dispensary employee
acting in the capacity as a medicinal marijuana dispensary
employee.
Chapter 8. Medicinal Marijuana
Sec. 1. As used in this chapter, "debilitating medical condition" means:
(1) cancer;
(2) glaucoma;
(3) positive status for human immunodeficiency virus;
(4) acquired immune deficiency syndrome;
(5) hepatitis C;
(6) amyotrophic lateral sclerosis;
(7) Crohn's disease;
(8) Alzheimer's disease;
(9) nail patella;
(10) multiple sclerosis;
(11) injury or disease to the spinal cord, spinal column, or vertebra;
(12) myelomalacia;
(13) celiac disease;
(14) sickle cell anemia;
(15) a chronic or debilitating disease or medical condition or the treatment for a chronic or debilitating disease or medical condition that produces:
(A) cachexia or wasting syndrome;
(B) severe or chronic pain;
(C) severe or chronic nausea;
(D) seizures, including seizures that are characteristic of epilepsy; or
(E) severe or persistent muscle spasms; or
(16) any other disease, condition, or symptom that the state department of health has determined by its rulemaking authority under IC 4-22-2 to be a debilitating medical
condition.
Sec. 2. (a) A person may apply to the state department of health
to be a registered medicinal marijuana cardholder if the person
has a debilitating medical condition.
(b) To be approved as a registered medicinal marijuana
cardholder, a person must submit to the state department of health
a letter from a physician licensed to practice medicine under
IC 25-22.5 stating that the person has a debilitating medical
condition.
(c) The state department of health shall issue a person a card
indicating the person is a registered medicinal marijuana
cardholder after receiving an application under subsection (a) and
a letter under subsection (b).
Sec. 3. A registered medicinal marijuana cardholder may not be
prosecuted for possession of marijuana, hash oil, or hashish that
the cardholder purchases at a medicinal marijuana dispensary
licensed under section 4 of this chapter.
Sec. 4. The state department of health shall license and regulate
medicinal marijuana dispensaries and medicinal marijuana
dispensary employees under rules adopted by the executive board
under IC 4-22-2.
