The disconnect between state and federal law causes issues in many ways. This is particularly the case for hemp and marijuana. The latter is a federally illegal substance, yet a majority of states have MMJ programs.
Hemp is now legal to cultivate federally, and as of 2021, every state had signed up for the program. However, CBD is not federally legal but is permitted in most states. The thing is, very few states have specific legislation that legalizes cannabidiol! This confusion is part of why we have created a series of guides on whether you can buy the compound in each state. Today, we look at the situation regarding CBD oil in Indiana.
First, let’s find out if cannabis is legal there.
What Are the Marijuana Laws in Indiana?
Indiana was one of the first states to ban marijuana sales without a prescription in 1913. For a century, it stood firmly against making any changes to its draconian laws. The first attempt at decriminalization only occurred in 2013, and it didn’t make it out of the committee stage.
Two years later, the first bills to legalize MMJ in Indiana were introduced to the House and Senate. However, the House bill failed, and the Senate bill never received a hearing. There was little action in the following years, and it seems as if little will change in the short to medium term.
Indiana was one of the first states to ban marijuana sales without a prescription in 1913.
Ten bills directly related to cannabis’ decriminalization, legalization, and regulations were introduced to the House and Senate in 2021. However, only one, Senate Bill 201, made it to the governor’s desk.
It provides a defense against prosecution for anyone who operates a vehicle with marijuana or its metabolites in their blood under certain circumstances. It is only a usable defense if the individual isn’t intoxicated at the time of arrest, didn’t cause an accident and a chemical test identifies the substance.
Unfortunately, House Bill 1028, which would make the possession of small amounts of marijuana an infraction, did not make it past the Committee on Corrections and Criminal Law. Neither did bills looking to introduce a marijuana pilot program and decriminalize up to two ounces of the substance.
Cannabis Penalties in Indiana
At present, Indiana is one of the few states that doesn’t decriminalize cannabis. As such, it is one of the strictest anti-marijuana locations in America. The possession of any amount of cannabis is a Class B misdemeanor. You could receive a maximum fine of $1,000 and up to 180 days in prison.
The possession of 30+ grams of cannabis is a Class A misdemeanor. This comes with a possible $5,000 fine and a jail term of up to 365 days. Individuals with a previous marijuana offense caught with 30+ grams are charged with a Level 6 Felony. This could lead to a $10,000 fine and up to 30 months in jail.
The sale or cultivation of marijuana is a misdemeanor as well. It becomes a felony if 30+ grams of cannabis is involved.
With such harsh marijuana penalties, does Indiana at least allow the use of CBD oil?
Is CBD Oil Legal in Indiana?
Yes, CBD is legal in Indiana as long as it comes from industrial hemp rather than cannabis. Indiana maintained a strong anti-cannabinoid stance for a long time.
It only changed in April 2017 when Governor Holcomb signed HB 1148. It legalized the use of CBD oil from hemp containing a maximum of 0.3% THC. However, that particular Indiana law only permitted the use of CBD for people with uncontrollable seizures. The new law went into effect in July 2017.
Indiana residents didn’t have to wait long for further developments. Governor Holcomb signed Senate Enrolled Act No. 52 into law in March 2018. This legislation permits the sale and use of CBD for any purpose. The main caveats are that the cannabinoid must come from hemp and contain a maximum of 0.3% THC by dry weight.
It is also important to note that there are now possession limits for hemp-derived CBD in Indiana. Please note that Indiana lawmakers also passed SB 516. It bans the use of smokable CBD flowers. On the plus side, it seems as if there’s no state ban on CBD in cosmetics, food, or beverages, which is good news for sellers.
CBD Oil Regulations
In some states, the CBD industry is the subject of lax oversight. It is a different situation in Indiana, however. Only CBD products analyzed by an independent testing laboratory and packaged with certain information on a label or QR code are permitted for sale in Indiana. Products must contain the following details:
- Product and manufacturer name
- Expiration date
- Batch number, size, and date
- Quantity of extract per product
- A scannable link to a certificate of analysis (COA) proving the product has less than 0.3% THC
- A statement confirming that there is less than 0.3% THC by dry weight in the product
Industrial Hemp in Indiana
Governor Mike Pence signed IC 15-15-13 into law in 2014. Also known as the Industrial Hemp Act, the legislation authorized the provision of licenses for hemp cultivation. However, you could only get a license if cultivating the crop for research purposes in a partnership with Purdue University. The law didn’t allow consumers to purchase hemp products.
It was only with the passing of the 2018 Farm Bill that Indiana finally allowed industrial hemp growth and cultivation. SB 516 mandated creating the Indiana Advisory Committee, which is involved in developing rules for the state’s hemp program. By 2019, it was possible to cultivate hemp in the Hoosier State.
It was only with the passing of the 2018 Farm Bill that Indiana finally allowed industrial hemp growth.
Those interested in growing hemp must get a license from the Office of Indiana State Chemist (OISC). The cultivation of hemp without this license is treated as the same offense as growing marijuana. The recent availability of general grower’s licenses should help the state’s hemp program expand.
If you apply for a growing license, you must include the GPS coordinates of where you intend to cultivate the crop. You must also give written consent for a background check (which can take up to three months), pay a fee, and provide a signed statement saying you haven’t been convicted of a drug-related misdemeanor or felony in the last ten years.
By 2021, the acreage registered for hemp farming in Indiana was 8,900 acres outdoors. Indoors, approximately 1.7 million square feet is registered for hemp cultivation. However, farmers struggle to keep their crops below the THC limit, and hemp is regularly destroyed for exceeding the 0.3% limit.
Where to Buy CBD Oil in Indiana
You can buy hemp-derived CBD from a wide variety of physical stores. Even large chains such as Whole Foods and Walgreens sell CBD oil. Remember, CBD sold in Indiana must meet specific guidelines, or else the seller is acting illegally.
It is easy to find CBD oil online too, but not every brand meets Indiana state guidelines. If you purchase CBD from an online store, make sure the company offers COAs with every batch. They also need to prove that their products contain a maximum of 0.3% THC and come from hemp.
What Are the Best CBD Oil Indiana Stores?
Remember, when it is time to buy CBD oil in Indiana, stick with physical stores that have a solid reputation for quality. Do not purchase CBD from any shop that doesn’t offer COAs, and focus on brands that use CO2 extraction, although ethanol is acceptable in some circumstances.
In general, online stores provide a better choice of products and better value for money. However, there are some high-quality CBD stores in Indiana. Here are ten we’ve picked out.
Name of Store
2704 Lincoln Ave, Evansville, IN 47714, United States
B-Town Botanicals Hydroponics & CBD
339 E Winslow Rd, Bloomington, IN 47401, United States
Crush Vapor & Smoke Shop
215 N Stockwell Rd, Evansville, IN 47715, United States
Dragon Smoke & Vape Shop
10535 E Washington St, Indianapolis, IN 46229, United States
Epic Vapes Fort Wayne
3120 St Joe Center Rd, Fort Wayne, IN 46835, United States
3615 N Clinton St #1822, Fort Wayne, IN 46805, United States
Indy Vapor Shop
4930 Lafayette Rd, Indianapolis, IN 46254, United States
Puff ‘N Stuff Vapor
2163 E Morgan Ave, Evansville, IN 47711, United States
Vape & Smoke South Bend
1404 N Ironwood Dr, South Bend, IN 46635, United States
Xpress Tobacco Outlet
622 S Rangeline Rd, Carmel, IN 46032, United States
You can also purchase CBD online from top-rated brands such as:
- Premium Jane
- Green Roads
- FAB CBD
Do You Need a Prescription for CBD Oil in Indiana?
No. If you are old enough to purchase CBD oil in Indiana, there is no doctor’s recommendation requirement. However, the parents/guardians of minors may need to get in touch with a physician to see if they can persuade stores to give the child CBD. A growing body of evidence suggests that cannabidiol could help reduce the frequency and severity of seizures in epilepsy patients, for example.
How Old Do You Have to Be to Buy CBD in Indiana?
At present, there is no codified requirement regarding the age limit for buying CBD in Indiana. However, practically every physical store in the state will refuse to sell to anyone under 18. Most businesses are understandably reluctant to allow minors to buy a product that isn’t FDA approved. Indeed, many CBD sellers in Indiana will only sell to people aged 21+ and ask for ID.
Final Thoughts on CBD Oil in Indiana
If you live in Hoosier State, you are free to purchase CBD oil. Just make sure it is derived from hemp and contains a THC level below the maximum limit.
It is a very different story if you’re looking for marijuana. Indiana remains one of the strongest anti-cannabis states. It hasn’t even decriminalized the substance. As a result, being caught in possession of even one gram of marijuana is potentially enough to warrant a prison sentence.