Is CBD Oil In Indiana Legal?
Indiana CBD Laws 
Is CBD oil legal in Indiana? Asking this question is like asking if tomatoes are red. The answer is, “yes and no.” That’s because just like there’s more than one color of tomatoes, there’s also more than one type of CBD oil. Currently, CBD oil derived from hemp has been legalized in Indiana and measures have been put in place to regulate it’s content, packaging, and sale. The other type — the kind made from marijuana — is still taboo in the state.
Seeing that Indiana is historically a conservative state, it’s interesting that the state is one of only a handful that has dealt with the hemp CBD oil issue directly via an act of the legislature. But when it comes to marijuana, the state is still bound up. Attempts are being made to legalize marijuana for medical use, and there are even murmurings of legalizing adult recreational use, but the Republican governor and legislature are in no rush to go there.
Let’s take a look at some of the variables that factor into this equation such as what the actual difference is between hemp and marijuana-derived CBD oil, what the laws actually say about the legality of each.
Let’s start by looking at why someone would even want to buy CBD oil in the first place because that is really the biggest constant in the equation and it figures into which kind of CBD oil will benefit you most.
Indiana CBD Laws
Conditions Treated with CBD Oil
Will Indiana Legalize Marijuana
Where to Buy CBD In Indiana
Is CBD Oil Legal In Indiana?
So what are the legal issues associated with cannabinoid-rich oils in the state of Indiana? The short answer, as mentioned at the start of this post, is that hemp CBD oil is legal Indiana and marijuana products of any kind are prohibited.
Interestingly, very few states have implement CBD oil regulatory measures that are as well thought out as Indiana. While many states half-heartedly allow the sale and possession of hemp CBD oil, Indiana, on the other hand, has laid out a series of regulations that covers the production, packaging, and testing of CBD oil in the state.
In March 2018 a bill went into effect that legalized the sale, possession, and use of cannabidiol. Republican Gov. Eric Holcomb signed Senate Enrolled Act 52 explicitly legalizing CBD oil. The move in response to a memo by Republican Attorney General Curtis Hill which stated that hemp CBD oil could not be sold or consumed in Indiana. The General Assembly overruled the attorney general’s November announcement by approving the legislation 97-0 in the House and 36-11 in the Senate.
Upon signing of the bill, Holcomb said, “I’m grateful for the General Assembly’s hard work to bring me a bill to address the needs expressed by our citizens… Indiana lawmakers delivered a bill that ensures Hoosiers who benefit from CBD oil can access it. The bill provides much needed clarity, with labeling requirements and a 0.3 percent THC limit on CBD products.”
Beginning July 1, 2018, CBD oil retailers were only allowed to sell CBD products that comply with testing and packaging requirements laid out in the bill.
The bill authorizes the alcohol and tobacco commission (ATC) to adopt rules concerning lab testing of the THC levels, certification of THC test results, and the manner in which CBD oil may be sold.
The Indiana department of state revenue has the power to revoke a registered retail merchant’s permission to sell CBD oil if they don’t play by the rules. Retailers and distributors which are deemed to be dealing in marijuana will be committing a Level 5 felony.
Furthermore, according to the law, any distributor that sells low THC hemp extract must provide a copy of the certificate of analysis to retailers in the state that purchases the extract. The retailer must, in turn, display a certificate of analysis. Any violation of these requirements is a Class A or B infraction. And CBD products must include certain product information as well as a scannable QR code that links to a document with additional product information.
Possession of up to 30 grams of cannabis with more than three-tenths of one percent THC is a Class A misdemeanor and punishable by up to one year in prison and a fine of up to $5,000. Subsequent offenses or possession of more than 30 grams is a Class D felony punishable by between six months and three years in prison. As they say, don’t do the crime if you can’t do the time.
Having said all this, many shops that sell CBD oil in Indianapolis offer products imported from other states or overseas which are not compliant under Indiana law. Although they are oftentimes below the legal THC threshold, they do not come with the required labeling.
This is also the case all across the U.S. The problem for law enforcement officials is there is just not enough resources or manpower to make any dent in the number of shops that sell these products.
CBD Oil, What Is It Good For?
Both hemp and marijuana are technically the same species of plant — Cannabis sativa l. Cannabis has been cultivated since the dawn of civilization as a source of food, building materials, and, of course, medicine.
One of the main components in cannabis that makes its extracts medicinally beneficial is a family of compounds which scientists named, fittingly, cannabinoids.
The two most abundant cannabinoids found in cannabis are:
THC and CBD are very similar in chemical structure and both have been shown to provide medicinal benefits. However there’s a very important difference between the two. Whereas THC causes a high, CBD does not. Furthermore, whereas THC is thought to be responsible for increased anxiety and impaired motor abilities in some users, especially at higher doses, CBD has the opposite effect. Studies have shown that CBD actually reduces anxiety and improves motor function in many patients. But why?
Before we answer that question, here’s where we point out that the only real difference between hemp and marijuana is that hemp is essentially devoid of THC. In order to be deemed legal, hemp must contain levels of THC below 0.3%. That’s three-tenths of one percent. As Tommy Chong would say, “it wouldn’t get a fly high.”
Back to the science lecture. In the 1970’s researchers began looking into what it was in cannabis that was causing people to feel euphoric. What they discovered is truly amazing. It turns out that humans actually produce out own cannabinoids naturally and they are very similar to those produced in cannabis. Technically, cannabinoids found in humans are known as endocannabinoids, and those produced in cannabis are termed phytocannabinoids.
The fact that these compounds are produced both by the human body and in a plant that humans have been consuming since humans were invented brought researchers to the incredible conclusion that animals co-evolved with these compounds, and that in order to have balanced health humans need both types of cannabinoids. But here in the U.S. we’ve been starving ourselves of phytocannabinoids since cannabis was outlawed back in the 1930s.
Both CBD and THC owe their effects in large part to a bodily system known as the endocannabinoid system, or ECS. The ECS is a vast system consisting of cannabinoids produced by the brain, and the receptors found on the surface of cells with which those cannabinoids interact.
The short story on how this works is that the ECS is the brain’s way of signalling its instructions to cells and organs in the body to bring health into balance. The central nervous system cannot connect to every cell in the human body, so it uses this system of signalling molecules to orchestrate good health.
So, what are cannabinoids good for, exactly?
Researchers have been studying the effects of THC and CBD on the human body for decades now, the work is ramping up exponentially. Studies have been undertaken to determine cannabinoids’ effects on more than 50 common categories of medical conditions.
Interestingly THC and CBD have different enough effects, that adjusting the ratios of the two cannabinoids can produce different results, and therefore different products can be formulated to treat different conditions. We won’t get too deep into this here since this article is about whether or not CBD is legal in Indiana, but let it suffice to say that there is a difference between hemp CBD oil, and cannabis oil that is high in THC — aside from the buzz you get from THC.
Common medical conditions being treated with medical marijuana and cannabis oil extracts:
Medical Conditions Treated With CBD Oil
If you don’t enjoy altered states of consciousness, then you should stick with hemp-derived CBD oil. Many medical patients do very well without the THC. And in Indiana, the THC can get you in a lot of trouble, so back to the legal issues. Some of the medical conditions which are commonly treated with CBD oil include the following:
- Alzheimer’s Disease
- Chronic Pain
- Hair Loss
Additionally, scientific studies strongly suggest that CBD oil provides the following benefits:
Will Medical Marijuana Ever Be Legal In Indiana? What About Recreational Marijuana?
Medical marijuana and adult recreational use laws have been sweeping the nation. The vast majority of Americans now live in a state where marijuana and cannabis oils made from marijuana are legal in one form or another. Might Indiana be next? Not likely.
Indiana has a long history of cannabis prohibition. In fact, it goes way back to 1913, more than 20 years before federal prohibition when Indiana became one of the first states to ban the sale of cannabis preparations without a prescription. More recently, in 2015, bills to legalize medical marijuana were squashed after being introduced. A House Bill failed to advance, and the Senate bill died before receiving a hearing.
One of the biggest detractors of legalizing marijuana in Indiana is its governor, Eric Holcomb. Holcomb did sign the CBD bills, but he considers marijuana a dangerous gateway drug. Holcomb recently told reporters, “I’m just not willing to look at that, especially since it is illegal right now according to the federal government… I’m just simply not willing to look the other way.”
Nonetheless some lawmakers in the state are in favor of cannabis reform and are working towards legalizing marijuana in Indiana. There are bills pending in Indiana that would allow medical or recreational marijuana use in the state, but it’s unlikely that the conservative legislature will challenge Gov. Holcomb’s opposition.
So, for the time being, Hoosiers will have to be content with hemp CBD oil — or otherwise break the law.
Where to Buy CBD Online
If you’d like to save yourself the time and hassle of going out looking for CBD oil, or you want a wider array of choices of manufacturers and products, you can purchase CBD online and have it delivered right to your doorstep.
And for those with furry friends, many local and online shops are now selling CBD oil products formulated especially for dogs and cats and other pets.
Where To Buy Legal CBD Oil In Indiana
You can’t just waltz into CVS or Walmart in Indianapolis yet and buy hemp CBD oil. [UPDATE: On March 21, 2019, CVS announced plans to sell CBD in 800 stores in states where it is legal.] The reason for this, in short, is that the FDA still has not signed off on what’s known as GRAS status, or “generally regarded as safe” to add to foods and supplements.
So, in the meantime, Indiana residents are limited to either purchasing their hemp CBD oil at a local vape shop or health boutique.