HB 1043 IN

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Passed One Chamber

Excludes craft hemp flower from the definition of "hemp product". Removes references to smokable hemp. Removes an exemption to a person who knowingly or intentionally grows or handles smokable hemp without a license from the penalty of growing or handling hemp without a license. Repeals a law that requires that a hemp bud or a hemp flower be sold only to a processor licensed in Indiana. Provides that a food is not considered adulterated for containing low THC hemp extract or craft hemp flower. Creates contaminant testing and packaging requirements for the distribution and sale of craft hemp flower. Establishes penalties for selling or distributing craft hemp flower in violation of the requirements. Makes it a Class C infraction if a person knowingly: (1) sells or distributes craft hemp flower to a person less than 21 years of age; and (2) purchases craft hemp flower for delivery to another person who is less than 21 years of age. Provides that a retail establishment that sells or distributes craft hemp flower to a person less than 21 years of age commits a Class C infraction. Makes it a Class C infraction if a person less than 21 years of age: (1) purchases craft hemp flower; (2) accepts craft hemp flower for personal use; or (3) possesses craft hemp flower on his or her person. Provides that a person who, while a motor vehicle is in operation or located on the right-of-way of a public highway, possesses a container that contains craft hemp flower, and: (1) the container does not have tamper evident packaging; or (2) the tamper evident packaging has a broken seal; commits a Class C infraction. Provides that a violation is not considered a moving violation. Defines "craft hemp flower". Provides that craft hemp flower is not included in the definition of "controlled substance analog", "hashish", "low THC hemp extract", or "marijuana". Repeals the definition of "smokable hemp" and criminal penalties concerning smokable hemp. Makes conforming changes. Makes technical corrections.

• Sean Eberhart · author
• Blake Doriot Republican · sponsor
• Greg Taylor Democratic · sponsor
• Mark Messmer · sponsor

1. Jan 4, 2022 Coauthored by Representatives Teshka, Bartels, Gore · lower
2. Jan 4, 2022 Authored by Representative Eberhart · lower
3. Jan 4, 2022 First reading: referred to Committee on Commerce, Small Business and Economic Development · lower
4. Jan 20, 2022 Committee report: do pass, adopted · lower
5. Jan 25, 2022 Amendment #1 (Eberhart) prevailed; voice vote · lower
6. Jan 25, 2022 Second reading: amended, ordered engrossed · lower
7. Jan 27, 2022 Senate sponsors: Senators Doriot, Messmer, Taylor G · lower
8. Jan 27, 2022 Third reading: passed; Roll Call 136: yeas 72, nays 20 · lower
9. Jan 28, 2022 Referred to the Senate · lower
10. Feb 2, 2022 First reading: referred to Committee on Commerce and Technology · upper

The published texts of this bill as it moves through the legislature. Each links to the official document on the state legislature site. Data from OpenStates.

• Engrossed House Bill (H) · Jan 25, 2022 · PDF
• Introduced House Bill (H) · Dec 30, 2021 · PDF
• House Bill (H) · Jan 20, 2022 · PDF