Indiana 2025 Regular Session

Indiana House Bill HB1327

Introduced
1/13/25  

Caption

Marijuana advertising.

Summary

HB 1327 creates a new chapter in Indiana trade regulation prohibiting the advertisement, by any medium within Indiana, of products containing marijuana or marijuana businesses. The bill defines “person” broadly to include individuals and a wide range of business entities, and it exempts advertisements tied to contracts entered into or renewed before July 1, 2025, as well as advertisements for low-THC hemp extract. The bill authorizes the Indiana attorney general to enforce the prohibition by seeking injunctions, civil penalties, and reimbursement of reasonable investigative and litigation costs. The civil penalties escalate from up to $10,000 for a first violation to up to $15,000 for a second violation and up to $20,000 for each subsequent violation, with all collected penalties deposited into the state general fund. The chapter is temporary and will expire on July 1 following the date the federal government removes marijuana as a Schedule I controlled substance.

Impact

HB 1327 would add a new section of Indiana Code governing marijuana-related advertising and would restrict commercial speech about marijuana products and marijuana businesses within the state. It would create a new enforcement mechanism for the attorney general and establish a civil penalty structure that affects advertisers, media outlets, cannabis-related businesses, and other entities that promote marijuana-related products or services in Indiana. The bill also carves out a limited exemption for preexisting contracts and low-THC hemp extract, and it would automatically sunset after federal descheduling of marijuana.

Sentiment

Based on the bill text and the absence of recorded committee testimony or votes in the provided materials, the bill appears to reflect a restrictive policy approach toward marijuana commercialization and promotion. The structure of the bill suggests support for limiting marijuana advertising before any change in federal law, while preserving a narrow exemption for hemp-related products and existing advertising contracts. No formal vote history or transcript evidence is available here to show broader legislative support or opposition.

Contention

The main point of contention is likely the bill’s broad ban on marijuana advertising within Indiana, which could be viewed by supporters as a consumer-protection and public-policy measure and by opponents as a restriction on lawful commercial speech and business promotion. Another likely issue is the inclusion of enforcement powers and substantial civil penalties for violations, which may concern advertisers, media companies, and cannabis-related businesses. The exemption for low-THC hemp extract and pre-July 1, 2025 contracts may also draw attention from stakeholders seeking clarity on the boundary between hemp and marijuana advertising.

Companion Bills

No companion bills found.

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