Ind. Code § 16-42-28.6-10

Defenses to alleged violations

As added by P.L.188-2017, SEC.7.
  1. (a) This section applies to an allegation that a person has violated one (1) or more of the following:

    1. (1) A condition of a probation.
    2. (2) A condition of parole.
    3. (3) A condition of a pretrial diversion program.
    4. (4) A condition of participation in a community corrections program.
    5. (5) A condition of participation in a forensic diversion program.
    6. (6) A condition of a community transition program under IC 11-10-11.5 .
    7. (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. (8) A condition of an informal adjustment program.
    9. (9) A condition of a program authorized by the:

      1. (A) judge of a problem solving court; and
      2. (B) department of correction or the county sheriff.
    10. (10) A condition of pretrial release.
  2. (b) It is a defense to an allegation that a person has violated a condition described in subsection (a) if:

    1. (1) the violation is based solely on the person's use of a substance containing cannabidiol; and
    2. (2) the person's use of the substance containing cannabidiol complies with this chapter.
  3. (c) It is a defense to an allegation that a person has violated a condition described in subsection (a) that:

    1. (1) the violation is based solely on the person's use of a substance containing cannabidiol;
    2. (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. (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.

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