CBD In Indiana

Is hemp CBD oil legal in Indiana? 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.

2023 is shaping up to be an exciting year for the Indiana CBD market.

While the U.S. FDA continues to drag its feet on setting up CBD regulations, the CBD market continues to mature and evolve. CBD use actually declined slightly in 2020. Experts attributed this to pandemic-related factors such as factory and warehouse shutdowns. However, CBD gained in popularity again in 2021. Pharma and cosmetics companies also began taking more interest in developing CBD-derived products for both medicinal and supplemental use. 

New CBD-infused products are being released all the time. CBD can now be found in a vast array of oils, tinctures, concentrate, capsules, topical solutions, lip balms, lotions, and edibles of all ilk. 

All totaled, consumers spent about $3.5 billion on CBD products in 2022.

Recent CBD Studies

As more and more companies take interest in CBD, more and more money is being spent on studies to determine the effectiveness and safety of CBD in treating a wide array of medical conditions. 

Studies undertaken in 2021 have shown that CBD is associated with behavioral improvements in children with autism, may be useful in treating brain cancer, and is useful for relieving pain, reducing anxiety, and improving sleep. Also, a study out of Switzerland presented data that suggest that smoking CBD-rich cannabis flower does not impair driving skills. Moreover, data presented in one report suggest that 71% of participants in a study experienced improvements in their health and well-being.

CBD Regulations Status

Regardless of all the good news, the FDA has yet to approve CBD as a supplement. However, four members of the U.S. House of Representatives have introduced a bill that would create a national regulatory framework using CBD as a food and beverage additive. If it passes, the “CBD Product Safety and Standardization Act of 2021” will essentially force the FDA to issue CBD regulations.

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 | 2023

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. 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.

Is Delta 8, or D8 THC legal?

Delta 8 THC is a great example of the evolution of the CBD market. Prior to 2021, few people had ever heard of delta-8 THC. This is essentially a cannabinoid that is similar to the familiar buzz-inducing delta-9 THC except that it’s produced directly from hemp CBD rather than from marijuana. Delta-8 is less intoxicating and less likely to cause feelings of paranoia than the THC found in marijuana. Nonetheless, it does have some intoxicating properties.

Because it’s a form of tetrahydrocannabinol that has mild psychotropic effects, Delta-8 falls into a gray area of CBD laws.

More than half of U.S. states allow the sale of D8 outside of marijuana dispensaries including Nevada, Ohio, Florida, Virginia, Pennsylvania, New Jersey, and Massachusetts.

In Indiana, Delta-8 THC is legal to buy, use, possess, sell, distribute, and produce. According to Indiana law, which is aligned with federal law outlined in the 2018 Farm Bill, all hemp-derived cannabinoids are permitted within the state.

It’s been reported that as of December, 19 U.S. states have regulated, restricted, or banned delta-8 including Arizona, California, Colorado, New York, and Michigan. Furthermore, states such as Illinois and Oregon are reviewing their delta-8 rules. And a delta-8 ban in Texas was lifted after a judge temporarily blocked the state from classifying it as a controlled substance.

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 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 Buy CBD oil online?

Yes. 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 legal?

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.

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.

Is it legal to sell hemp CBD oil in Indiana?

Yes, it is legal to sell CBD products 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. 

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