www.midwesthempcouncil.comĀ 



Prepared by: Justin Swanson
E-mail: jswanson@boselaw.com
Report created on January 16, 2022
 
HB1001ADMINISTRATIVE AUTHORITY; COVID-19 IMMUNIZATIONS. (LEHMAN M) Allows the secretary of family and social services (secretary) to issue a waiver of human services statutory provisions and administrative rules if the secretary determines that the waiver is necessary to claim certain enhanced federal matching funds available to the Medicaid program. Allows the secretary to issue an emergency declaration for purposes of participating in specified authorized federal Supplemental Nutrition Assistance Program (SNAP) emergency allotments. Requires the secretary to prepare and submit any waivers or emergency declarations to the budget committee. Allows the state health commissioner of the state department of health or the commissioner's designated public health authority to issue standing orders, prescriptions, or protocols to administer or dispense certain immunizations for individuals who are at least five years old (current law limits the age for the commissioner's issuance of standing orders, prescriptions, and protocols for individuals who are at least 11 years old). Defines "Indiana governmental entity" and specifies that an Indiana governmental entity (current law refers to a state or local unit) may not issue or require an immunization passport. Establishes certain requirements for the temporary licensure of retired or inactive emergency medical services personnel, retired or inactive health care professionals, out-of-state health care professionals, or recently graduated students who have applied for a physician assistant, nurse, respiratory care practitioner, or pharmacist license. Allows a health care provider or an officer, agent, or employee of a health care provider who has a temporary license to qualify for coverage under the Medical Malpractice Act. Provides that an individual is not disqualified from unemployment benefits if the individual has complied with the requirements for seeking an exemption from an employer's COVID-19 immunization requirement and was discharged from employment for failing or refusing to receive an immunization against COVID-19. Provides that an employer may not impose a requirement that employees receive an immunization against COVID-19 unless the employer provides individual exemptions that allow an employee to opt out of the requirement on the basis of medical reasons, religious reasons, an agreement to submit to testing for the presence of COVID-19, or immunity from COVID-19 acquired from a prior infection with COVID-19. Provides that an employer may not take an adverse employment action against an employee because the employee has requested or used an exemption from an employer's COVID-19 immunization requirement.
 Current Status:   1/18/2022 - House Bills on Third Reading
 Recent Status:   1/13/2022 - Amendment #29 (Goodrich) prevailed; Roll Call 14: yeas 65, nays 23
1/13/2022 - Amendment #14 (Nisly) failed; Roll Call 13: yeas 5, nays 83
 State Bill Page:   HB1001
 News Stories:   1/14/2022 - Employer penalty removed as Indiana vaccine mandate bill moves ahead in the House
  1/14/2022 - Indiana House set to limit COVID-19 vaccine policies at Hoosier businesses
  1/14/2022 - House GOP rejects changing virus bill
  1/14/2022 - Indiana House bill to ban employer vaccine mandate advances
  1/14/2022 - Indy Chamber opposes bill that would limit business vaccine mandates in Indiana
  1/14/2022 - HUSTON: VACCINE BILL ABOUT PRESERVING EXEMPTIONS, NOT GUTTING MANDATES
  1/10/2022 - House committee approves controversial vaccine mandate bill
  1/10/2022 - Weekly Statehouse update: Vaccine mandate ban, curriculum and classroom transparency
  1/10/2022 - Statehouse roundup: Lawmakers advance legislation on vaccine mandates, jail overcrowding
  1/7/2022 - House to debate bill to lessen mandates
  1/7/2022 - Natural immunity added to Indiana vaccine exemption bill
  1/3/2022 - Indiana General Assembly convenes Tuesday amid COVID-19 surge
  12/27/2021 - Virus bill first up for new session
  12/27/2021 - House leader eyes income tax cut amid rosy fiscal forecast
  12/23/2021 - Indiana Chamber of Commerce not in favor of vaccine mandate bill
  12/22/2021 - Indiana legislator wants businesses that fire people over vaccine issue to pay unemployment
  12/13/2021 - Legislation pits religious freedoms against employer rights
  12/13/2021 - Holcomb denies he's out of step with party
  12/10/2021 - Positivity rate concerns Holcomb
  12/8/2021 - What Gov. Holcomb thinks about his relationship with lawmakers and the vaccine mandate bill
  12/6/2021 - House GOP again tries to expedite bill to limit vaccine mandates, will hold hearing on Dec. 16
  11/30/2021 - 'Another horrible message': How ending COVID public health emergency could impact Indiana
 
HB1043CRAFT HEMP FLOWER AND HEMP PRODUCTION. (EBERHART S) Excludes craft hemp flower from the definition of "hemp product". Removes references to smokable hemp. Provides that the state seed commissioner may not adopt or enforce a rule that is more strict than required under federal law or regulation. 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.
 Current Status:   1/4/2022 - Referred to House Commerce, Small Business and Economic Development
 Recent Status:   1/4/2022 - First Reading
1/4/2022 - Coauthored by Representatives Teshka, Bartels, Gore
 State Bill Page:   HB1043
 
HB1049CANNABIS REGULATION. (ERRINGTON S) Establishes the cannabis compliance advisory committee to review and evaluate certain rules, laws, and programs. Establishes the cannabis compliance commission to regulate all forms of legal cannabis in Indiana, including industrial hemp and low THC hemp extract.
 Current Status:   1/4/2022 - added as coauthor Representative Ziemke
 Recent Status:   1/4/2022 - Referred to House Agriculture and Rural Development
1/4/2022 - First Reading
 State Bill Page:   HB1049
 
HB1070DECRIMINALIZATION OF MARIJUANA. (VANNATTER H) Decriminalizes possession of two ounces or less of marijuana.
 Current Status:   1/4/2022 - Referred to House Courts and Criminal Code
 Recent Status:   1/4/2022 - First Reading
1/4/2022 - Authored By Heath VanNatter
 State Bill Page:   HB1070
 
HB1168MEDICAL MARIJUANA. (LUCAS J) Permits the use of medical marijuana by persons with serious medical conditions as determined by their physician. Establishes a medical marijuana program to permit the cultivation, processing, testing, transportation, and dispensing of medical marijuana by holders of a valid permit. Requires the state department of health (state department) to implement and enforce the medical marijuana program. Requires that permit holders undertake steps to prevent diversion of medical marijuana to unauthorized persons. Requires that medical marijuana and medical marijuana products be properly labeled, placed in child resistant packaging, and tested by an independent testing laboratory before being made available for purchase. Prohibits packaging medical marijuana in a manner that is appealing to children. Authorizes research on medical marijuana in accordance with rules set forth by the state department. Prohibits discrimination against medical marijuana users. Prohibits harassment of medical marijuana users by law enforcement officers, and prohibits cooperation with federal law enforcement officials seeking to enforce federal laws that criminalize the use of marijuana authorized in Indiana. Establishes the medical marijuana oversight board to review appeals and grievances concerning the medical marijuana program. Provides a defense to prosecution for a person who operates a vehicle or motorboat with marijuana or its metabolite in the person's blood under certain conditions that involve medical marijuana. Makes conforming amendments.
 Current Status:   1/6/2022 - Referred to House Public Health
 Recent Status:   1/6/2022 - First Reading
1/6/2022 - Coauthored by Representatives Payne, VanNatter, Eberhart
 State Bill Page:   HB1168
 
HB1212MEDICAL AND ADULT USE CANNABIS. (TESHKA J) After marijuana is removed as a federal schedule I controlled substance, permits the use of cannabis by: (1) a person at least 21 years of age; and (2) a person with a serious medical condition as determined by the person's physician. Establishes the adult use cannabis excise tax, and requires a retailer to transfer the tax to the department of state revenue for deposit in the state general fund. Establishes a cannabis program to permit the cultivation, processing, testing, transportation, and sale of cannabis by holders of a valid permit. Establishes the Indiana cannabis commission (ICC) as a state agency to oversee, implement, and enforce the program, and establishes the ICC advisory committee to review the effectiveness of the program. Requires that permit holders take steps to prevent diversion of cannabis to unauthorized persons. Requires that cannabis and cannabis products be properly labeled, placed in child resistant packaging, and tested by an independent testing laboratory before being made available for purchase. Prohibits packaging cannabis in a manner that is appealing to children. Authorizes research on cannabis in accordance with rules set forth by the ICC. Makes conforming amendments.
 Current Status:   1/6/2022 - Referred to House Public Health
 Recent Status:   1/6/2022 - First Reading
1/6/2022 - Coauthored by Representatives Bartels, Hatfield, Payne
 State Bill Page:   HB1212
 
HB1232PARTIAL MARIJUANA DECRIMINALIZATION. (PAYNE Z) Decriminalizes possession of two ounces or less of marijuana.
 Current Status:   1/6/2022 - Referred to House Courts and Criminal Code
 Recent Status:   1/6/2022 - First Reading
1/6/2022 - Coauthored by Representatives Teshka, Lucas, Eberhart
 State Bill Page:   HB1232
 
HB1311CANNABIS LEGALIZATION. (ZIEMKE C) Establishes a procedure for the lawful production and sale of cannabis in Indiana. Makes conforming amendments.
 Current Status:   1/11/2022 - Referred to House Courts and Criminal Code
 Recent Status:   1/11/2022 - First Reading
1/11/2022 - Coauthored by Representatives Bartels, Moed, Summers
 State Bill Page:   HB1311
 
HB1405STUDY THE LEGALIZATION OF RECREATIONAL MARIJUANA. (AUSTIN T) Establishes the marijuana policy study commission to study the economic and social impacts of legalizing the recreational use of marijuana. Requires the commission to issue a report not later than November 1, 2023.
 Current Status:   1/13/2022 - Referred to House Public Policy
 Recent Status:   1/13/2022 - First Reading
1/13/2022 - Authored By Terri Jo Austin
 State Bill Page:   HB1405
 
SB175MEDICAL CANNABIS. (FORD J) Defines "medical cannabis", specifies that the term does not include smokable cannabis or cannabis mixed with a food product, and permits the use of medical cannabis by a person with a qualifying medical condition as determined by the person's physician. Establishes a medical cannabis program (program) to permit the cultivation, processing, testing, transportation, and dispensing of medical cannabis by holders of a valid permit. Establishes the Indiana cannabis commission (commission) as a state agency to oversee, implement, and enforce the program, and establishes the commission advisory committee to review the effectiveness of the program. Requires that permit holders take steps to prevent diversion of cannabis to unauthorized persons. Requires that medical cannabis be properly labeled, placed in child resistant packaging, and tested by an independent testing laboratory before being made available for purchase. Prohibits packaging medical cannabis in a manner that is appealing to children. Authorizes research on medical cannabis in accordance with rules set forth by the commission. Makes conforming amendments.
 Current Status:   1/10/2022 - Referred to Senate Commerce and Technology
 Recent Status:   1/10/2022 - First Reading
1/10/2022 - Authored By J.D. Ford
 State Bill Page:   SB175
 
SB197CANNABIS REGULATION. (POL JR. R) Establishes the cannabis compliance advisory committee to review and evaluate certain rules, laws, and programs. Establishes the cannabis compliance commission to regulate all forms of legal cannabis in Indiana, including hemp and low THC hemp extract. Makes conforming amendments.
 Current Status:   1/10/2022 - Referred to Senate Commerce and Technology
 Recent Status:   1/10/2022 - First Reading
1/10/2022 - Authored By Rodney Pol Jr
 State Bill Page:   SB197
 
SB209DRUG SCHEDULES. (YOUNG M) Adds specified substances to the schedule I list of controlled substances.
 Current Status:   1/18/2022 - Senate Corrections and Criminal Law, (Bill Scheduled for Hearing); Time & Location: 9:00 AM, Rm. 130
 Recent Status:   1/6/2022 - Referred to Senate Corrections and Criminal Law
1/6/2022 - First Reading
 State Bill Page:   SB209
 
SB231MEDICAL MARIJUANA. (TAYLOR G) Establishes a medical marijuana program (program), and permits caregivers and patients who have received a physician recommendation to possess a certain quantity of marijuana for treatment of certain medical conditions. Establishes a regulatory agency to oversee the program, and creates the regulatory agency advisory committee to review the effectiveness of the program and to consider recommendations from the regulatory agency. Authorizes the regulatory agency to grant research licenses to research facilities with a physical presence in Indiana. Repeals the controlled substance excise tax and the marijuana eradication program. Makes conforming amendments.
 Current Status:   1/6/2022 - Referred to Senate Commerce and Technology
 Recent Status:   1/6/2022 - First Reading
1/6/2022 - Authored By Greg Taylor
 State Bill Page:   SB231
 News Stories:   1/7/2022 - Indiana Lawmaker Files Medical Marijuana Bill
 
SB324LEGALIZATION OF CANNABIS. (MELTON E) Legalizes cannabis and establishes the cannabis regulatory agency (CRA) to regulate cannabis, including the permitting of growers, processors, dispensaries, and cannabis researchers. Requires the CRA to adopt rules limiting the number of dispensaries that may be established in a city, town, or county, and to ensure that a sufficient number of dispensary permits are awarded to minority business enterprises and women's business enterprises. Establishes permit fees. Creates the CRA advisory committee to advise the CRA. Changes references to "marijuana" in the Indiana Code to "cannabis". Legalizes possession of cannabis and possession of paraphernalia used in connection with cannabis. Legalizes the manufacture and delivery of cannabis and paraphernalia if done in substantial compliance with cannabis legalization provisions. Makes: (1) possession of cannabis by a person less than 21 years of age; and (2) delivery of cannabis to a person less than 21 years of age; a Class B misdemeanor. Makes consumption of cannabis in a public place a Class C infraction. Allows a person sentenced for a cannabis offense committed before July 1, 2022, to petition for sentence modification even if the person would otherwise be barred from seeking sentence modification. Makes conforming amendments.
 Current Status:   1/11/2022 - Referred to Senate Commerce and Technology
 Recent Status:   1/11/2022 - First Reading
1/11/2022 - Authored By Eddie Melton
 State Bill Page:   SB324
 
SB354MARIJUANA OFFENSES. (POL JR. R) Adds to the defense of operating a vehicle and committing a traffic offense with a controlled substance that the substance was identified as marijuana through a chemical test offered by a law enforcement officer. Provides that possession or consumption of marijuana by a minor is a delinquent act. Provides that a person who knowingly or intentionally possesses more than two ounces of marijuana commits the offense of possession of marijuana. (Current law provides that the offense of possession of marijuana can be for any amount of marijuana.) Repeals the offense of possession of marijuana, hash oil, hashish, or salvia as a Level 6 felony. Establishes a penalty for a minor who possesses or consumes marijuana. Provides for the suspension of the minor's driving privileges if the minor possessed or consumed the marijuana while operating a motor vehicle. Makes conforming amendments.
 Current Status:   1/11/2022 - Referred to Senate Corrections and Criminal Law
 Recent Status:   1/11/2022 - First Reading
1/11/2022 - Authored By Rodney Pol Jr
 State Bill Page:   SB354
 
SB414CANNABIS LEGALIZATION. (NIEZGODSKI D) Establishes a procedure for the lawful production and sale of cannabis in Indiana. Makes conforming amendments.
 Current Status:   1/13/2022 - added as second author Senator Melton
 Recent Status:   1/12/2022 - Referred to Senate Commerce and Technology
1/12/2022 - First Reading
 State Bill Page:   SB414
 
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