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Engrossed Senate Bill (H)

DIGEST

Regulation of hemp. Establishes the Indiana hemp advisory committee to provide advice to the office of the state seed commissioner regarding Indiana's hemp laws. Changes references from "industrial hemp" to "hemp" and amends the definition of hemp to conform with the federal definition. Eliminates a limitation the provides that the state police department may not inspect a licensed hemp operation more than two times in a year without obtaining a search warrant. Allows the state seed commissioner to perform a criminal background check of an applicant for a hemp license or agricultural hemp seed production license. Establishes a uniform expiration Regulation of hemp. Establishes the Indiana hemp advisory committee to provide advice to the office of the state seed commissioner regarding Indiana's hemp laws. Changes references from "industrial hemp" to "hemp" and amends the definition of hemp to conform with the federal definition. Eliminates a limitation the provides that the state police department may not inspect a licensed hemp operation more than two times in a year without obtaining a search warrant. Allows the state seed 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 state seed commissioner may revoke the hemp license of a licensee that fails to cooperate with the state seed 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 state seed 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 state seed 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 state seed commissioner for the cost of testing conducted on the grower's crop. Provides that the state seed 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 state seed commissioner, a person who violates hemp licensing requirements, terms, conditions, or rules shall reimburse the state seed commissioner for any costs incurred by the state seed commissioner for laboratory testing of material pertaining to the violation. Provides penalties for negligent violations of the hemp law. Allows the state seed commissioner to adopt emergency rules to comply with federal requirements. Establishes procedures by which the state seed 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 state seed commissioner may assess a civil penalty of not more than $2,500 for a violation. Provides that a person who: (1) violates a term, condition, or requirement of a hemp license; or (2) violates a rule adopted under the hemp law; commits a Class B misdemeanor, and provides that the offense is a Class A misdemeanor if the person has a prior unrelated conviction for a drug offense. Provides that: (1) dealing in smokable hemp is a Class A misdemeanor; and (2) possession of smokable hemp is a Class C misdemeanor. Provides that civil penalties collected under the controlled substance laws shall be first used to reimburse the state seed commissioner for any expenses incurred by the state seed commissioner for laboratory testing of material pertaining to the violation, with the remainder deposited in the state general fund. Makes conforming changes. ... View more