Is Delta 8 Legal in Indiana?

Delta 8 is a hot topic, almost rivaling its cousin, delta 9-THC. The two compounds differ by the placement of a double bond; in delta 8, it lies on the eighth carbon, whereas in delta 9, it lies on the ninth. This tiny difference in molecular structure gives D8 an intoxicating effect that’s roughly half as potent as its counterpart. However, since delta 8 is still intoxicating, many lawmakers remain unsure about it.

Because the marijuana plant remains federally illegal, delta 8 manufacturers must derive it from CBD extracted from hemp. For some, the process of synthesizing D8 is not safe enough, leading some states to ban the compound.

Hazy laws render many users uncertain. In this guide, we answer the question, ‘is delta 8 legal in Indiana?’ Keep reading to learn the current situation in the Hoosier State.

Delta 8-THC Indiana: State Law vs. Federal Law

At the time of writing, delta 8 is considered legal in Indiana. However, the situation is complicated since very few states have specific guidelines. Delta 8 has become presumptively legal since there are no laws explicitly banning it, and this is due to the Farm Bill.

The 2018 Farm Bill defines hemp as any cannabis with less than 0.3% THC. It also lays out guidelines stating that any hemp product with less than this quantity is permitted. Specific laws are enacted on a state-by-state basis, but most states allow the cultivation of hemp and the sale of its derivatives.

Delta 8 has become presumptively legal since there are no laws explicitly banning it, and this is due to the Farm Bill.

Expressly, the Farm Bill permits extracts, cannabinoids, isomers, and salts of isomers that contain less than 0.3% THC. In this context, THC is assumed to refer to delta 9. As a result, the wording implies that delta 8-THC, less intoxicating than delta 9, is permitted if it is derived from hemp, as it falls under the category of “hemp product.”

In other words, delta 8-THC in Indiana is theoretically permitted as long as it comes from hemp.

DEA Rules About Delta 8 in Indiana

Despite Indiana state law having nothing to say about delta 8 and federal law theoretically permitting it, the DEA sees differently. The Drug Enforcement Agency classifies synthetically derived cannabinoids as controlled substances. Since delta 8 is derived from CBD, it is classified as a synthetic cannabinoid and thus a controlled substance.


That being said, the DEA’s rule does not define “synthetically derived.” Since the courts have not thoroughly interpreted this rule, delta 8’s status remains unclear.

There have been reports of the DEA raiding stores that sell delta 8. Usually, products are seized and removed from the shelves with a warning. This is why many brands have chosen to sell online.

Given that the state legislature has not explicitly banned delta 8 products in Indiana, it’s difficult to say whether there would be any legal repercussions. Despite DEA rulings, most manufacturers assume that delta 8-THC in Indiana is permitted as long as it contains less than 0.3 percent  delta 9 THC.

How to Use Delta 8 Legally in Indiana

Using delta 8 legally in Indiana requires following the state’s regular cannabis laws. In the Hoosier State, marijuana and its concentrates are considered a Class B misdemeanor. In other words, an individual may not possess any cannabis containing more than 0.3% THC nor derivatives from such a plant.

Hemp, on the other hand, is permitted, and so is CBD. It is assumed that synthetic delta 8 products can be used as long as they contain below the legal limit of delta 9-THC.

Those seeking delta 8 in Indiana could use a variety of products, including:

  • Tinctures
  • Gummies
  • Vapes
  • Dabs
  • Topicals

It may be worth avoiding dabs and concentrates that could be mistaken for marijuana, although it’s possible to purchase them online. Users may wish to stick to gummies and vapes instead.

Notably, delta 8-THC can flag as positive on a drug test, as it still breaks down into THC metabolites. As a result, individuals who are regularly drug tested at work should avoid delta 8 altogether.

Just because delta 8 products are legal and available, however, does not mean that they are safe. Some companies use chemicals like acetic acid during the creation process but inhaling this substance can be extremely dangerous. Furthermore, many delta 8 products contain more than the legal limit of delta 9, so customers need to be extremely cautious.

To learn more about the available delta 8 products and the best picks, make sure to read the WayofLeaf guides.

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Buying Tips

The delta 8 industry is new, which means consumers are on the back foot. Before buying delta 8-THC products, there are things that the consumer needs to keep an eye out for. This includes:

  1. Detailed information: Find a brand that offers ample information about its processes and ingredients. If a company is being vague, that’s probably intentional.
  2. Lab reports: As with other cannabinoids, brands should provide lab reports to maintain transparency for the customer. Lab reports will verify the cannabinoid content of the products.
  3. Reputable lab testing: Speaking of lab reports, make sure they come from reputed laboratories. Some brands purchase fake lab reports, so it’s necessary to find a company that offers real ones.
  4. High-quality hemp: The best brands source hemp grown in the USA from farms that grow organic plants and don’t use pesticides and fertilizers. Brands and manufacturers should provide this information on the company’s website.
  5. Customer testimonials: Reputable brands usually have plenty of positive reviews from customers with good experiences. Check third-party review sites to see what others are saying.

Is Delta 8 Legal in Indiana? (Final Thoughts)

In short, the answer to the question, ‘is delta 8 legal in Indiana?’ is yes. The ins and outs of the situation are that hemp-derived delta 8-THC is permitted as long as it contains less than 0.3% delta 9. In most cases, the D8 products are made using a synthetic cannabinoid produced using CBD extracted from the hemp plant.

While Indiana lawmakers and the federal government have not yet made any formal decisions on the cannabinoid, it is assumed to be legal.

The law around delta 8 still remains murky. While Indiana lawmakers and the federal government have not yet made any formal decisions on the cannabinoid, it is assumed to be legal due to a loophole in the Farm Bill.

Things are changing very fast as delta 8 grows ever more popular. At the time of writing, fourteen states have banned the cannabinoid, and more are debating following suit. As a result, consumers must keep an eye out.

Keep up to date with all the latest information by reading the updated guides here at WayofLeaf, and don’t forget to check out our expert picks and product recommendations before buying delta 8-THC.

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