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 most states have signed up for the program. However, CBD is not federally legal but is permitted in most states. The thing is, 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. 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, but that is set to change.
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 recently introduced to the House and Senate. However, history tells us that most of these bills won’t get past the first reading.
The chances of any bill promoting the legalization and sale of marijuana have little chance of approval. What we may see is a decriminalization bill at least make it past the committee.
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 Permitted in Indiana?
The simple answer is ‘yes’ 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, the 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 SB 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 less than 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.
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 to be sold 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. 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.
There are over 600 planned grow sites this year. To date, the relevant state bodies have issued over 250 licenses. Indiana will likely plant over 8,500 acres of hemp this year, a figure set to rise annually.
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.
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.
Final Thoughts on CBD Oil in Indiana
If you live in the 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.
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