CBD In Indiana

2020 Complete Guide

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Is CBD in Indiana Legal? | IN CBD 2020

Is hemp CBD oil legal in Indiana? Are there any CBD products that are not legal in Indiana? Can you legally grow hemp in Indiana? What about selling CBD oil? We’ll answer these frequently asked questions and more in this Indiana Guide to CBD Oil.  

Did you know that anyone who buys hemp in Indiana must retain the receipt for a period of two years? Yeah. They’re kind of strict about cannabis in Indiana. In fact, Indiana was one of the first US states to ban the use of cannabis products without a prescription way back in 1913 — almost a quarter-century before the plant was made federally illegal, if you can believe it.

It took more than 100 years for any serious efforts to be made to reform the state’s cannabis laws. Thankfully, however, the state launched an industrial hemp licensing program in 2018. And along with other hemp products CBD oil produced from hemp also became legal for all Indianans. There are some exceptions and we’ll get into that in a moment. First, let’s get a little background on how we got here.

A brief history of Indiana hemp and CBD laws

It hasn’t been easy convincing Indiana lawmakers to legalize hemp. In fact, each year between 2013 and 2017 legislative efforts to reform the state’s cannabis laws have consistently failed. 

However, in July of 2017, legislation went into effect that permitted the use of CBD oil to treat uncontrollable seizures. As of early 2018 more than 1,300 patients and caregivers had registered for the program.

Indiana didn’t legalize the in-state production of CBD oil, but it was at least a step in the right direction. Interestingly, regardless of the laws, shops in Indiana have been selling CBD oil in the state for years without interference from law enforcement officials.

The big leap came only one year later. In March 2018, Indiana lawmakers legalized the cultivation of hemp and the use of hemp CBD oil by anyone for any purpose. The federal government followed suit that same year divorcing hemp from marijuana laws, creating a nationwide hemp program, and officially making legal all the states that had passing hemp laws prior.

What’s the difference between hemp CBD oil and cannabis oil?

The difference between hemp and marijuana is subtle. Both are cultivars of cannabis and both produce active compounds known as cannabinoids. The two most common cannabinoids found in modern strains of cannabis are delta-9 tetrahydrocannabinol, aka THC, and cannabidiol, aka CBD. 

THC is the compound found in marijuana that causes a high. CBD, on the other hand, is essentially devoid of THC and, therefore, non-intoxicating. 

By law, hemp plants must produce less than 0.3 percent THC. 

The cannabis strains often referred to as industrial hemp have been around for centuries. These strains are great for making rope and seeds, but, being low in CBD, and other cannabinoids, industrial strains are not so great for making CBD oil. Today there are strains of cannabis that produce CBD levels as high as 20 percent or more with only trace amounts of THC. They look and smell just like marijuana and they are grown using the same methods. 

Up until this point, all CBD sold in the state has been imported from other states where the production of CBD oil is legal. That’s about to change as the state’s first hemp harvest is behind us. Indiana officials licensed 140 hemp farmers in 2019.  And roughly 5,300 acres of hemp were grown in the state. It’s a good start. 

All has not been rosy, however. As passed, the hemp bill included language that made smokable hemp illegal in Indiana. Law enforcement officials complained that they would have trouble discerning the difference between marijuana and hemp and therefore have difficulty in enforcing the state’s marijuana laws. 

A judge later struck down the ban on smokable hemp and Indiana lawmakers patched the laws shortly thereafter. 

As a result of the marijuana vs hemp conundrum, Indiana lawmakers are seriously considering decriminalizing marijuana altogether. In fact, prosecutors in Marion County have already announced they will no longer press charges in cases involving under one ounce of cannabis. Since September, the county has dismissed more than 325 cases.

That’s the backstory. Now let’s get into the details some of the more frequently asked questions related to hemp CBD oil laws in Indiana.

Indiana hemp CBD Oil FAQ | 2020

Is hemp CBD oil legal in Indiana?

The short answer is yes. All CBD products, including smokable high-CBD hemp, are legal in Indiana. There is, however, one exception. CBD vape oils are, technically, not legal in the state. But that doesn’t mean you can’t purchase them both in local shops and online. 

Although CBD products are legal, that doesn’t mean you’re free and clear from risking being arrested. If a police officer has reason to suspect that the product you’re carrying is marijuana or has THC in it they have every right to search you and arrest you. Even if you’re cleared, you’ll still have an arrest on your record. Furthermore, your car can get towed if you’re driving at the time of the arrest. 

There are a couple of things you can do to help avoid this situation. First, always keep CBD oil and other CBD products in their original packages — especially smokable hemp. Second, if you’re taking these products out in public carry your receipt with you in your wallet, bag, or phone case.

Can doctors prescribe hemp CBD oil in Indiana?

Originally, under Indiana’s low-THC CBD oil medical law, only patients suffering from certain forms of childhood epilepsy were permitted to use CBD. Since CBD is not legal for everyone, it’s pretty much a moot point.

Although doctors can’t technically prescribe hemp CBD oil, they can recommend it to their patients if they believe it will relieve their symptoms or improve their health.

There is one drug that contains CBD that can be prescribed by doctors in Indiana. A drug called Epidiolex was approved for prescription use for treating certain cases of childhood epilepsy. 

What medical conditions are being treated with hemp CBD oil in Indiana?

Indiana CBD laws no longer require that residents be diagnosed with a particular ailment. The fact is that CBD oil and other CBD products are being used to treat a wide array of medical conditions. 

Some of the medical conditions being treated with hemp CBD oil in Indiana include:

Can I legally purchase CBD oil online in Indiana?

Not a problem. You can find just about any CBD product you can imagine online and have it shipped right to your doorstep saving you the trip. 

Also, although the state has banned the sale of CBD vape oil there’s no law that says you cannot purchase it online.

What hemp CBD products are legally available in Indiana?

The only CBD products that are technically banned in Indiana are CBD-infused vape oils. And this is only because vape oils, in general, are now on the naughty list in the state. However, there are still reports of shops selling CBD vape oil along with a variety of other hemp CBD products.

Smokable hemp was also illegal for a short time until seven CBD retailers filed a lawsuit objecting to the state’s definition of smokable hemp and the regulations surrounding it.

According to the lawsuit, the smokable hemp ban “Renders it a crime to manufacture, finance, deliver, or possess smokable hemp, even though it is a legal hemp derivative under federal law.”

The ban also criminalized the transportation of smokable hemp despite the fact that federal hemp laws explicitly forbids doing so.

The judge agreed with the plaintiffs arguing that Indiana’s ban on smokable hemp was likely in direct conflict with federal laws and put an injunction on the ban until it all gets sorted out. 

Where can I legally purchase hemp CBD oil in Indiana?

Hundreds, maybe thousands of brick and mortar shops in Indiana now sell CBD oil and the other items mentioned above. The vast majority of these shops can be found in the more populated cities in the state such as Indianapolis, Fort Wayne, Evansville, South Bend, and Carmel. 

For some reason, it was smoke shops that led the way in CBD sales. However today you can find CBD on almost every main street corner in convenience stores, health food boutiques, and the like. And now that CBD is legal in Indiana, even the big drug store chains such as CVS and Walgreens are starting to get in on the action.

Is it legal to grow hemp in Indiana?

Sure, it’s legal to grow hemp in Indiana — just not in your own backyard. If you’re caught growing cannabis — even hemp — you can be arrested and potentially charged with possession of a Schedule I controlled substance. 

As of the time of writing, rules are still being finalized for the 2020 growing season and the state is not yet taking hemp license applications. Of course, there will be an official announcement when the time comes.

Is it legal to sell hemp CBD oil in Indiana?

Yes, it is legal to sell CBD oil in Indiana. But there are rules. 

All CBD products sold in Indiana must have what’s known as a COA, or certificate of analysis. The COA must be from an independent testing laboratory and must show the levels of both CBD and THC in the product. Furthermore, all legal CBD products must include a scannable QR code that links to a document with product information. 

Whether or not the state is going to make the effort to enforce the rules remains to be seen. 

Learn more about hemp CBD oil

Learn more about hemp CBD laws in Indiana

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