(a) This section applies to an allegation that a person has violated one (1) or more of the following:
- (1) A condition of a probation.
- (2) A condition of parole.
- (3) A condition of a pretrial diversion program.
- (4) A condition of participation in a community corrections program.
- (5) A condition of participation in a forensic diversion program.
- (6) A condition of a community transition program under IC 11-10-11.5 .
- (7) An order in a dispositional decree under IC 31-34-20 to participate in a family dependency drug court if the individual is a parent, guardian, or another household member of a child adjudicated a child in need of services.
- (8) A condition of an informal adjustment program.
(9) A condition of a program authorized by the:
- (A) judge of a problem solving court; and
- (B) department of correction or the county sheriff.
- (10) A condition of pretrial release.
(b) It is a defense to an allegation that a person has violated a condition described in subsection (a) if:
- (1) the violation is based solely on the person's use of a substance containing cannabidiol; and
- (2) the person's use of the substance containing cannabidiol complies with this chapter.
(c) It is a defense to an allegation that a person has violated a condition described in subsection (a) that:
- (1) the violation is based solely on the person's use of a substance containing cannabidiol;
- (2) the substance containing cannabidiol has been approved by the federal Food and Drug Administration or the federal Drug Enforcement Agency as a prescription drug; and
- (3) the substance was prescribed and dispensed in accordance with the federal approval described in subdivision (2).
As added by P.L.188-2017, SEC.7.