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First Regular Session of the 124th General Assembly (2025)
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 2024 Regular Session of the General Assembly.
HOUSE ENROLLED ACT No. 1167
AN ACT to amend the Indiana Code concerning criminal law and
procedure.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 16-31-3-14, AS AMENDED BY P.L.170-2022,
SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 14. (a) A person holding a certificate or license
issued under this article must comply with the applicable standards and
rules established under this article. A certificate holder or license
holder is subject to disciplinary sanctions under subsection (b) if the
department of homeland security determines that the certificate holder
or license holder:
(1) engaged in or knowingly cooperated in fraud or material
deception in order to obtain a certificate or license, including
cheating on a certification or licensure examination;
(2) engaged in fraud or material deception in the course of
professional services or activities;
(3) advertised services or goods in a false or misleading manner;
(4) falsified or knowingly allowed another person to falsify
attendance records or certificates of completion of continuing
education courses required under this article or rules adopted
under this article;
(5) is convicted of a crime, if the act that resulted in the
conviction has a direct bearing on determining if the certificate
holder or license holder should be entrusted to provide emergency
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medical services;
(6) is convicted of violating IC 9-19-14.5;
(7) fails to comply and maintain compliance with or violates any
applicable provision, standard, or other requirement of this article
or rules adopted under this article;
(8) continues to practice if the certificate holder or license holder
becomes unfit to practice due to:
(A) professional incompetence that includes the undertaking
of professional activities that the certificate holder or license
holder is not qualified by training or experience to undertake;
(B) failure to keep abreast of current professional theory or
practice;
(C) physical or mental disability; or
(D) addiction to, abuse of, or dependency on alcohol or other
drugs that endanger the public by impairing the certificate
holder's or license holder's ability to practice safely;
(9) engages in a course of lewd or immoral conduct in connection
with the delivery of services to the public;
(10) allows the certificate holder's or license holder's name or a
certificate or license issued under this article to be used in
connection with a person who renders services beyond the scope
of that person's training, experience, or competence;
(11) is subjected to disciplinary action in another state or
jurisdiction on grounds similar to those contained in this chapter.
For purposes of this subdivision, a certified copy of a record of
disciplinary action constitutes prima facie evidence of a
disciplinary action in another jurisdiction;
(12) assists another person in committing an act that would
constitute a ground for disciplinary sanction under this chapter;
(13) allows a certificate or license issued by the commission to
be:
(A) used by another person; or
(B) displayed to the public when the certificate or license is
expired, inactive, invalid, revoked, or suspended; or
(14) fails to notify the department in writing of any misdemeanor
or felony criminal conviction, except traffic related misdemeanors
other than operating a motor vehicle under the influence of a drug
or alcohol, within ninety (90) days after the entry of an order or
judgment. A certified copy of the order or judgment with a letter
of explanation must be submitted to the department along with the
written notice.
(b) The department of homeland security may issue an order under
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IC 4-21.5-3-6 to impose one (1) or more of the following sanctions if
the department of homeland security determines that a certificate
holder or license holder is subject to disciplinary sanctions under
subsection (a):
(1) Revocation of a certificate holder's certificate or license
holder's license for a period not to exceed seven (7) years.
(2) Suspension of a certificate holder's certificate or license
holder's license for a period not to exceed seven (7) years.
(3) Censure of a certificate holder or license holder.
(4) Issuance of a letter of reprimand.
(5) Assessment of a civil penalty against the certificate holder or
license holder in accordance with the following:
(A) The civil penalty may not exceed five hundred dollars
($500) per day per violation.
(B) If the certificate holder or license holder fails to pay the
civil penalty within the time specified by the department of
homeland security, the department of homeland security may
suspend the certificate holder's certificate or license holder's
license without additional proceedings.
(6) Placement of a certificate holder or license holder on
probation status and requirement of the certificate holder or
license holder to:
(A) report regularly to the department of homeland security
upon the matters that are the basis of probation;
(B) limit practice to those areas prescribed by the department
of homeland security;
(C) continue or renew professional education approved by the
department of homeland security until a satisfactory degree of
skill has been attained in those areas that are the basis of the
probation; or
(D) perform or refrain from performing any acts, including
community restitution or service without compensation, that
the department of homeland security considers appropriate to
the public interest or to the rehabilitation or treatment of the
certificate holder or license holder.
The department of homeland security may withdraw or modify
this probation if the department of homeland security finds after
a hearing that the deficiency that required disciplinary action is
remedied or that changed circumstances warrant a modification
of the order.
(c) If an applicant or a certificate holder or license holder has
engaged in or knowingly cooperated in fraud or material deception to
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obtain a certificate or license, including cheating on the certification or
licensure examination, the department of homeland security may
rescind the certificate or license if it has been granted, void the
examination or other fraudulent or deceptive material, and prohibit the
applicant from reapplying for the certificate or license for a length of
time established by the department of homeland security.
(d) The department of homeland security may deny certification or
licensure to an applicant who would be subject to disciplinary sanctions
under subsection (b) if that person were a certificate holder or license
holder, has had disciplinary action taken against the applicant or the
applicant's certificate or license to practice in another state or
jurisdiction, or has practiced without a certificate or license in violation
of the law. A certified copy of the record of disciplinary action is
conclusive evidence of the other jurisdiction's disciplinary action.
(e) The department of homeland security may order a certificate
holder or license holder to submit to a reasonable physical or mental
examination if the certificate holder's or license holder's physical or
mental capacity to practice safely and competently is at issue in a
disciplinary proceeding. Failure to comply with a department of
homeland security order to submit to a physical or mental examination
makes a certificate holder or license holder liable to temporary
suspension under subsection (i).
(f) Except as provided under subsection (a), subsection (g), and
section 14.5 of this chapter, a certificate or license may not be denied,
revoked, or suspended because the applicant, certificate holder, or
license holder has been convicted of an offense. The acts from which
the applicant's, certificate holder's, or license holder's conviction
resulted may be considered as to whether the applicant or certificate
holder or license holder should be entrusted to serve the public in a
specific capacity.
(g) The department of homeland security may deny, suspend, or
revoke a certificate or license issued under this article if the individual
who holds or is applying for the certificate or license is convicted of
any of the following:
(1) Possession of cocaine or a narcotic drug under IC 35-48-4-6.
(2) Possession of methamphetamine under IC 35-48-4-6.1.
(3) Possession of a controlled substance under IC 35-48-4-7(a).
(4) Fraudulently obtaining a controlled substance under
IC 35-48-4-7(c).
(5) Manufacture of paraphernalia as a Class D felony (for a crime
committed before July 1, 2014) or Level 6 felony (for a crime
committed after June 30, 2014) under IC 35-48-4-8.1(b).
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IC 35-48-4-8.1(c).
(6) Dealing in paraphernalia as a Class D felony (for a crime
committed before July 1, 2014) or Level 6 felony (for a crime
committed after June 30, 2014) under IC 35-48-4-8.5(b).
(7) Possession of paraphernalia as a Class D felony (for a crime
committed before July 1, 2014) or Level 6 felony (for a crime
committed after June 30, 2014) under IC 35-48-4-8.3(b) (before
its amendment on July 1, 2015).
(8) Possession of marijuana, hash oil, hashish, or salvia as a Class
D felony (for a crime committed before July 1, 2014) or Level 6
felony (for a crime committed after June 30, 2014) under
IC 35-48-4-11.
(9) A felony offense under IC 35-48-4 involving:
(A) possession of a synthetic drug (as defined in
IC 35-31.5-2-321);
(B) possession of a synthetic drug lookalike substance (as
defined in IC 35-31.5-2-321.5 (before its repeal on July 1,
2019)) as a:
(i) Class D felony (for a crime committed before July 1,
2014); or
(ii) Level 6 felony (for a crime committed after June 30,
2014);
under IC 35-48-4-11.5 (before its repeal on July 1, 2019); or
(C) possession of a controlled substance analog (as defined in
IC 35-48-1-9.3).
(10) Maintaining a common nuisance under IC 35-48-4-13
(repealed) or IC 35-45-1-5, if the common nuisance involves a
controlled substance.
(11) An offense relating to registration, labeling, and prescription
forms under IC 35-48-4-14.
(h) A decision of the department of homeland security under
subsections (b) through (g) may be appealed to the commission under
IC 4-21.5-3-7.
(i) The department of homeland security may temporarily suspend
a certificate holder's certificate or license holder's license under
IC 4-21.5-4 before a final adjudication or during the appeals process if
the department of homeland security finds that a certificate holder or
license holder would represent a clear and immediate danger to the
public's health, safety, or property if the certificate holder or license
holder were allowed to continue to practice.
(j) On receipt of a complaint or information alleging that a person
certified or licensed under this chapter or IC 16-31-3.5 has engaged in
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or is engaging in a practice that is subject to disciplinary sanctions
under this chapter, the department of homeland security must initiate
an investigation against the person.
(k) The department of homeland security shall conduct a factfinding
investigation as the department of homeland security considers proper
in relation to the complaint.
(l) The department of homeland security may reinstate a certificate
or license that has been suspended under this section if the department
of homeland security is satisfied that the applicant is able to practice
with reasonable skill, competency, and safety to the public. As a
condition of reinstatement, the department of homeland security may
impose disciplinary or corrective measures authorized under this
chapter.
(m) The department of homeland security may not reinstate a
certificate or license that has been revoked under this chapter.
(n) The department of homeland security must be consistent in the
application of sanctions authorized in this chapter. Significant
departures from prior decisions involving similar conduct must be
explained in the department of homeland security's findings or orders.
(o) A certificate holder may not surrender the certificate holder's
certificate, and a license holder may not surrender the license holder's
license, without the written approval of the department of homeland
security, and the department of homeland security may impose any
conditions appropriate to the surrender or reinstatement of a
surrendered certificate or license.
(p) For purposes of this section, "certificate holder" means a person
who holds:
(1) an unlimited certificate;
(2) a limited or probationary certificate; or
(3) an inactive certificate.
(q) For purposes of this section, "license holder" means a person
who holds:
(1) an unlimited license;
(2) a limited or probationary license; or
(3) an inactive license.
SECTION 2. IC 22-15-5-16, AS AMENDED BY P.L.142-2020,
SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 16. (a) A practitioner shall comply with the
standards established under this licensing program. A practitioner is
subject to the exercise of the disciplinary sanctions under subsection
(b) if the department finds that a practitioner has:
(1) engaged in or knowingly cooperated in fraud or material
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deception in order to obtain a license to practice, including
cheating on a licensing examination;
(2) engaged in fraud or material deception in the course of
professional services or activities;
(3) advertised services or goods in a false or misleading manner;
(4) falsified or knowingly allowed another person to falsify
attendance records or certificates of completion of continuing
education courses provided under this chapter;
(5) been convicted of a crime that has a direct bearing on the
practitioner's ability to continue to practice competently;
(6) knowingly violated a state statute or rule or federal statute or
regulation regulating the profession for which the practitioner is
licensed;
(7) continued to practice although the practitioner has become
unfit to practice due to:
(A) professional incompetence;
(B) failure to keep abreast of current professional theory or
practice;
(C) physical or mental disability; or
(D) addiction to, abuse of, or severe dependency on alcohol or
other drugs that endanger the public by impairing a
practitioner's ability to practice safely;
(8) engaged in a course of lewd or immoral conduct in connection
with the delivery of services to the public;
(9) allowed the practitioner's name or a license issued under this
chapter to be used in connection with an individual or business
who renders services beyond the scope of that individual's or
business's training, experience, or competence;
(10) had disciplinary action taken against the practitioner or the
practitioner's license to practice in another state or jurisdiction on
grounds similar to those under this chapter;
(11) assisted another person in committing an act that would
constitute a ground for disciplinary sanction under this chapter;
or
(12) allowed a license issued by the department to be:
(A) used by another person; or
(B) displayed to the public when the license has expired, is
inactive, is invalid, or has been revoked or suspended.
For purposes of subdivision (10), a certified copy of a record of
disciplinary action constitutes prima facie evidence of a disciplinary
action in another jurisdiction.
(b) The department may impose one (1) or more of the following
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sanctions if the department finds that a practitioner is subject to
disciplinary sanctions under subsection (a):
(1) Permanent revocation of a practitioner's license.
(2) Suspension of a practitioner's license.
(3) Censure of a practitioner.
(4) Issuance of a letter of reprimand.
(5) Assessment of a civil penalty against the practitioner in
accordance with the following:
(A) The civil penalty may not be more than one thousand
dollars ($1,000) for each violation listed in subsection (a),
except for a finding of incompetency due to a physical or
mental disability.
(B) When imposing a civil penalty, the department shall
consider a practitioner's ability to pay the amount assessed. If
the practitioner fails to pay the civil penalty within the time
specified by the department, the department may suspend the
practitioner's license without additional proceedings. However,
a suspension may not be imposed if the sole basis for the
suspension is the practitioner's inability to pay a civil penalty.
(6) Placement of a practitioner on probation status and
requirement of the practitioner to:
(A) report regularly to the department upon the matters that
are the basis of probation;
(B) limit practice to those areas prescribed by the department;
(C) continue or renew professional education approved by the
department until a satisfactory degree of skill has been attained
in those areas that are the basis of the probation; or
(D) perform or refrain from performing any acts, including
community restitution or service without compensation, that
the department considers appropriate to the public interest or
to the rehabilitation or treatment of the practitioner.
The department may withdraw or modify this probation if the
department finds after a hearing that the deficiency that required
disciplinary action has been remedied or that changed
circumstances warrant a modification of the order.
(c) If an applicant or a practitioner has engaged in or knowingly
cooperated in fraud or material deception to obtain a license to
practice, including cheating on the licensing examination, the
department may rescind the license if it has been granted, void the
examination or other fraudulent or deceptive material, and prohibit the
applicant from reapplying for the license for a length of time
established by the department.
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(d) The department may deny licensure to an applicant who has had
disciplinary action taken against the applicant or the applicant's license
to practice in another state or jurisdiction or who has practiced without
a license in violation of the law. A certified copy of the record of
disciplinary action is conclusive evidence of the other jurisdiction's
disciplinary action.
(e) The department may order a practitioner to submit to a
reasonable physical or mental examination if the practitioner's physical
or mental capacity to practice safely and competently is at issue in a
disciplinary proceeding. Failure to comply with a department order to
submit to a physical or mental examination makes a practitioner liable
to temporary suspension under subsection (j).
(f) Except as provided under subsection (g) or (h), a license may not
be denied, revoked, or suspended because the applicant or holder has
been convicted of an offense. The acts from which the applicant's or
holder's conviction resulted may, however, be considered as to whether
the applicant or holder should be entrusted to serve the public in a
specific capacity.
(g) The department may deny, suspend, or revoke a license issued
under this chapter if the individual who holds the license is convicted
of any of the following:
(1) Possession of cocaine or a narcotic drug under IC 35-48-4-6.
(2) Possession of methamphetamine under IC 35-48-4-6.1.
(3) Possession of a controlled substance under IC 35-48-4-7(a).
(4) Fraudulently obtaining a controlled substance under
IC 35-48-4-7(b) (for a crime committed before July 1, 2014) or
IC 35-48-4-7(c) (for a crime committed after June 30, 2014).
(5) Manufacture of paraphernalia as a Class D felony (for a crime
committed before July 1, 2014) or a Level 6 felony (for a crime
committed after June 30, 2014) under IC 35-48-4-8.1(b).
IC 35-48-4-8.1(c).
(6) Dealing in paraphernalia as a Class D felony (for a crime
committed before July 1, 2014) or a Level 6 felony (for a crime
committed after June 30, 2014) under IC 35-48-4-8.5(b).
(7) Possession of paraphernalia as a Class D felony (for a crime
committed before July 1, 2014) or a Level 6 felony (for a crime
committed after June 30, 2014) under IC 35-48-4-8.3(b) (before
its amendment on July 1, 2015).
(8) Possession of marijuana, hash oil, hashish, or salvia as a Class
D felony (for a crime committed before July 1, 2014) or a Level
6 felony (for a crime committed after June 30, 2014) under
IC 35-48-4-11.
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(9) A felony offense under IC 35-48-4 involving possession of a
synthetic drug (as defined in IC 35-31.5-2-321), possession of a
controlled substance analog (as defined in IC 35-48-1-9.3), or
possession of a synthetic drug lookalike substance (as defined in
IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) as a:
(A) Class D felony for a crime committed before July 1, 2014;
or
(B) Level 6 felony for a crime committed after June 30, 2014;
under IC 35-48-4-11.5 (before its repeal on July 1, 2019).
(10) Maintaining a common nuisance under IC 35-48-4-13
(repealed) or IC 35-45-1-5, if the common nuisance involves a
controlled substance.
(11) An offense relating to registration, labeling, and prescription
forms under IC 35-48-4-14.
(h) The department shall deny, revoke, or suspend a license issued
under this chapter if the individual who holds the license is convicted
of any of the following:
(1) Dealing in a controlled substance resulting in death under
IC 35-42-1-1.5.
(2) Dealing in cocaine or a narcotic drug under IC 35-48-4-1.
(3) Dealing in methamphetamine under IC 35-48-4-1.1.
(4) Manufacturing methamphetamine under IC 35-48-4-1.2.
(5) Dealing in a schedule I, II, or III controlled substance under
IC 35-48-4-2.
(6) Dealing in a schedule IV controlled substance under
IC 35-48-4-3.
(7) Dealing in a schedule V controlled substance under
IC 35-48-4-4.
(8) Dealing in a substance represented to be a controlled
substance under IC 35-48-4-4.5 (repealed).
(9) Knowingly or intentionally manufacturing, advertising,
distributing, or possessing with intent to manufacture, advertise,
or distribute a substance represented to be a controlled substance
under IC 35-48-4-4.6.
(10) Dealing in a counterfeit substance under IC 35-48-4-5.
(11) Dealing in marijuana, hash oil, hashish, or salvia as a felony
under IC 35-48-4-10.
(12) An offense under IC 35-48-4 involving the manufacture or
sale of a synthetic drug (as defined in IC 35-31.5-2-321), a
synthetic drug lookalike substance (as defined in
IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) under
IC 35-48-4-10.5 (before its repeal on July 1, 2019), a controlled
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substance analog (as defined in IC 35-48-1-9.3), or a substance
represented to be a controlled substance (as described in
IC 35-48-4-4.6).
(13) A violation of any federal or state drug law or rule related to
wholesale legend drug distributors licensed under IC 25-26-14.
(i) A decision of the department under subsections (b) through (h)
may be appealed to the commission under IC 4-21.5-3-7.
(j) The department may temporarily suspend a practitioner's license
under IC 4-21.5-4 before a final adjudication or during the appeals
process if the department finds that a practitioner represents a clear and
immediate danger to the public's health, safety, or property if the
practitioner is allowed to continue to practice.
(k) On receipt of a complaint or an information alleging that a
person licensed under this chapter has engaged in or is engaging in a
practice that jeopardizes the public health, safety, or welfare, the
department shall initiate an investigation against the person.
(l) Any complaint filed with the office of the attorney general
alleging a violation of this licensing program shall be referred to the
department for summary review and for its general information and any
authorized action at the time of the filing.
(m) The department shall conduct a fact finding investigation as the
department considers proper in relation to the complaint.
(n) The department may reinstate a license that has been suspended
under this section if, after a hearing, the department is satisfied that the
applicant is able to practice with reasonable skill, safety, and
competency to the public. As a condition of reinstatement, the
department may impose disciplinary or corrective measures authorized
under this chapter.
(o) The department may not reinstate a license that has been
revoked under this chapter. An individual whose license has been
revoked under this chapter may not apply for a new license until seven
(7) years after the date of revocation.
(p) The department shall seek to achieve consistency in the
application of sanctions authorized in this chapter. Significant
departures from prior decisions involving similar conduct must be
explained in the department's findings or orders.
(q) A practitioner may petition the department to accept the
surrender of the practitioner's license instead of having a hearing before
the commission. The practitioner may not surrender the practitioner's
license without the written approval of the department, and the
department may impose any conditions appropriate to the surrender or
reinstatement of a surrendered license.
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(r) A practitioner who has been subjected to disciplinary sanctions
may be required by the commission to pay the costs of the proceeding.
The practitioner's ability to pay shall be considered when costs are
assessed. If the practitioner fails to pay the costs, a suspension may not
be imposed solely upon the practitioner's inability to pay the amount
assessed. The costs are limited to costs for the following:
(1) Court reporters.
(2) Transcripts.
(3) Certification of documents.
(4) Photo duplication.
(5) Witness attendance and mileage fees.
(6) Postage.
(7) Expert witnesses.
(8) Depositions.
(9) Notarizations.
SECTION 3. IC 25-1-1.1-2, AS AMENDED BY P.L.142-2020,
SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 2. Notwithstanding IC 25-1-7, a board, a
commission, or a committee may suspend, deny, or revoke a license or
certificate issued under this title by the board, the commission, or the
committee without an investigation by the office of the attorney general
if the individual who holds the license or certificate is convicted of any
of the following and the board, commission, or committee determines,
after the individual has appeared in person, that the offense affects the
individual's ability to perform the duties of the profession:
(1) Possession of cocaine or a narcotic drug under IC 35-48-4-6.
(2) Possession of methamphetamine under IC 35-48-4-6.1.
(3) Possession of a controlled substance under IC 35-48-4-7(a).
(4) Fraudulently obtaining a controlled substance under
IC 35-48-4-7(c).
(5) Manufacture of paraphernalia as a Class D felony (for a crime
committed before July 1, 2014) or a Level 6 felony (for a crime
committed after June 30, 2014) under IC 35-48-4-8.1(b).
IC 35-48-4-8.1(c).
(6) Dealing in paraphernalia as a Class D felony (for a crime
committed before July 1, 2014) or a Level 6 felony (for a crime
committed after June 30, 2014) under IC 35-48-4-8.5(b).
(7) Possession of paraphernalia as a Class D felony (for a crime
committed before July 1, 2014) or a Level 6 felony (for a crime
committed after June 30, 2014) under IC 35-48-4-8.3(b) (before
its amendment on July 1, 2015).
(8) Possession of marijuana, hash oil, hashish, or salvia as a Class
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D felony (for a crime committed before July 1, 2014) or a Level
6 felony (for a crime committed after June 30, 2014) under
IC 35-48-4-11.
(9) A felony offense under IC 35-48-4 involving possession of a
synthetic drug (as defined in IC 35-31.5-2-321), possession of a
controlled substance analog (as defined in IC 35-48-1-9.3), or
possession of a synthetic drug lookalike substance (as defined in
IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) as a:
(A) Class D felony for a crime committed before July 1, 2014;
or
(B) Level 6 felony for a crime committed after June 30, 2014;
under IC 35-48-4-11.5 (before its repeal on July 1, 2019).
(10) Maintaining a common nuisance under IC 35-48-4-13
(repealed) or IC 35-45-1-5, if the common nuisance involves a
controlled substance.
(11) An offense relating to registration, labeling, and prescription
forms under IC 35-48-4-14.
(12) A sex crime under IC 35-42-4.
(13) A felony that reflects adversely on the individual's fitness to
hold a professional license.
SECTION 4. IC 35-48-4-8.1, AS AMENDED BY P.L.158-2013,
SECTION 634, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 8.1. (a) This section does not
apply to an item marketed to detect the presence of a drug or
controlled substance, including field test kits and test strips.
(a) (b) A person who manufactures, finances the manufacture of, or
designs an instrument, a device, or other object that is intended to be
used primarily for:
(1) introducing into the human body a controlled substance;
(2) testing the strength, effectiveness, or purity of a controlled
substance; or
(3) enhancing the effect of a controlled substance;
in violation of this chapter commits a Class A infraction for
manufacturing paraphernalia.
(b) (c) A person who:
(1) knowingly or intentionally violates this section; and
(2) has a previous judgment for violation of this section;
commits manufacture of paraphernalia, a Level 6 felony.
SECTION 5. IC 35-48-4-8.3, AS AMENDED BY P.L.187-2015,
SECTION 49, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 8.3. (a) This section does not apply to:
(1) a rolling paper; or
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(2) an item marketed to detect the presence of a drug or
controlled substance, including field test kits and test strips.
(b) A person who knowingly or intentionally possesses an
instrument, a device, or another object that the person intends to use
for:
(1) introducing into the person's body a controlled substance;
(2) testing the strength, effectiveness, or purity of a controlled
substance; or
(3) enhancing the effect of a controlled substance;
commits a Class C misdemeanor. However, the offense is a Class A
misdemeanor if the person has a prior unrelated judgment or conviction
under this section.
SECTION 6. IC 35-48-4-8.5, AS AMENDED BY P.L.153-2018,
SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 8.5. (a) A person who keeps for sale, offers for
sale, delivers, or finances the delivery of a raw material, an instrument,
a device, or other object that is intended to be or that is designed or
marketed to be used primarily for:
(1) ingesting, inhaling, or otherwise introducing into the human
body marijuana, hash oil, hashish, salvia, a synthetic drug, or a
controlled substance;
(2) testing the strength, effectiveness, or purity of marijuana, hash
oil, hashish, salvia, a synthetic drug, 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 drug, or a controlled substance;
(5) diluting or adulterating marijuana, hash oil, hashish, salvia, a
synthetic drug, 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 Level 6
felony if the person has a prior unrelated judgment or conviction under
this section.
(c) 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 drug, 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
HEA 1167
15
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 qualified entity (as defined in IC 16-41-7.5-3) that provides
a syringe or needle as part of a program under IC 16-41-7.5.
(4) Any entity or person that provides funding to a qualified entity
(as defined in IC 16-41-7.5-3) to operate a program described in
IC 16-41-7.5.
(5) Items marketed to detect the presence of a drug or
controlled substance, including field test kits and test strips.
HEA 1167
Speaker of the House of Representatives
President of the Senate
President Pro Tempore
Governor of the State of Indiana
Date: Time:
HEA 1167Every fact on this page links to its source, starting with the official bill record.