Indiana Legislature Introduces Four (4) Medical Marijuana Bills – See Our Favorite

The Indiana Legislature introduced four (4) bills to implement a medical marijuana program. Our favorite bill is HB 1384 as it is aligned with the majority of states with legalized medical marijuana. The bill allows for the broadest types of medical conditions, marijuana establishments, and allows for a limited transfer of a permit.

Information regarding the four (4) medical marijuana bills is provided below.

• HB 1377 Medical Cannabis

  • Includes a medical defense for driving while drugged.

  • Qualifying conditions are broad and include general anxiety disorder.

  • Qualifying patients only require a written recommendation rather than a certification.

  • Limits personal medical cannabis cultivation to a 90 day supply.

  • State regulator must adopt implementing rules by July 1, 2020.

  • Permits the state regulator to limit medical cannabis establishments overall or by county.

• HB 1384 Medical Marijuana

  • Any person with a serious medical condition may receive medical marijuana so long as a doctor believes the benefits outweigh the risks and issues a certification after reviewing the patient’s controlled substance history.

  • Patients must register to cultivate marijuana.

  • The state regulator may adopt emergency rules and permanent rules must be completed by July 1, 2020.

  • Children may qualify.

  • Grower and Processor Fees:

    • $10,000 nonrefundable permit application fee

    • $50,000 refundable permit fee

    • $10,000 refundable renewal fee

  • Dispensary Fees

    • $5,000 nonrefundable permit application fee

    • $20,000 refundable permit fee

    • $5,000 refundable renewal fee

  • Testing Laboratory Fees

    • $2,000 nonrefundable permit application fee

    • $10,000 refundable permit fee

    • $2,000 refundable renewal fee

• HB 1387 Medical Marijuana

  • Any person with a serious medical condition may receive medical marijuana so long as a doctor believes the benefits outweigh the risks and issues a certification after reviewing the patient’s controlled substance history.

  • Patients may cultivate 6 marijuana plants with only 3 mature at one time.

  • Permits only growers, processors and dispensaries, and are non-transferable.

  • Grower and Processor Fees:

    • $10,000 nonrefundable permit application fee

    • $50,000 refundable permit fee

    • $10,000 refundable renewal fee

  • Dispensary Fees

    • $5,000 nonrefundable permit application fee

    • $20,000 refundable permit fee

    • $5,000 refundable renewal fee

• HB 287 Medical Marijuana for the Terminally Ill

  • The bill creates a defense to possession of medical marijuana or paraphernelia but does not legalize.

  • Allows persons who are terminally ill or who has a serious untreatable disease to possess less than two ounces of medical marijuana.

  • A doctor must provide a certification and believe that that benefits of medical marijuana outweigh the risks.

  • The bill does not establish a regulatory framework for the growing, processing, or distribution of medical marijuana.