Is Delta 8 THC Legal in Indiana?
In the State of Indiana, Delta 8 THC is legal. This is because it falls under the state’s definition of hemp-derived products. The 2018 US Farm Bill made industrial hemp-derived products like CBD and Delta 8 THC federally legal (as long as the Delta 9 contents remain below .3% Delta-9 THC as measured on a dry weight basis), though some states still have their own laws in place for these products.
Before we dive-in to the details on Delta 8, there are many people asking a similar question, is Delta 9 legal in Indiana, and for good reason! As we see, many states are mirroring their state laws based on the state’s stance on all THC-containing products (though, not always). Luckily for Indiana residents, purchasing hemp-derived Delta 9 is lawful in the state as well as the option to purchase other psychoactive cannabinoids such as Delta 8 THC.
Yes, Delta 8 THC is legal in the State of Indiana.
In Indiana, Delta 8 is allowed. Delta 8 THC legal concerns have been coming up across the state as people are curious whether the new, mildly-psychoactive cannabinoid is considered legal just as the non-psychoactive cannabinoid, CBD, is legal. Thanks to new legislative efforts by state lawmakers, isomers of hemp and cannabinoids of hemp are considered hemp derivatives which are protected by state law, as long as the Delta-9 THC levels do not exceed the .3% limit.
Defining legal hemp material is still a gray area for many states. Federal hemp laws, as provided by the 2018 Farm Bill, limits the delta-9-tetrahydrocannabinol concentration (Delta-9 THC) to .3% and that’s the guidance for what many US States follow for their own state laws. Since pharmacological activity is reported using Delta-8 THC, laws are needed to reference for determining its legal status along with referencing the protections for hemp. To do that, lawmakers have needed to refine their stance on tetrahydrocannabinols in order to rollout their own state’s hemp plan. By naturally being found in industrial hemp plants, Delta-8 content is considered to be a minor cannabinoid and falls under different regulations than that of Delta-9 content.
Lawmakers have established a clear separation between marijuana possession and the raw hemp plant. With users pursuing the Delta-8 effects to “get high” for recreational purposes and derived from the natural hemp material, Hoosiers have wondered whether there are Delta 8 THC possession limits in the state?
Currently, there are not any possession limits for hemp-derived extracts which is good news if you’re a user of Delta-8 THC products.
Current Indiana Delta-8 Legislation
In 2018, Indiana passed laws that legalize hemp and its derivatives such as CBD and Delta-8 THC. On top of this, the state amended their Controlled Substances Act to exclude hemp from being considered schedule I drugs. Indiana Senate Bill 516 (SB516) became public law on 5/2/2019 when it was signed by the Governor. In the amended Act, it provides the following definitions:
Hemp means (1) the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9-tetrahydrocannabinol concentration of not more than three-tenths of one percent (0.3%) on a dry weight basis, for any part of the Cannabis sativa L. plant.
Additionally, this amended Act removed low THC hemp extract and smokable hemp from the controlled substances list by adding an exclusion from that of marijuana:
SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2019]: Sec. 19. (a) “Marijuana” means any part of the plant genus Cannabis whether growing or not; the seeds thereof; the resin extracted from any part of the plant, including hashish and hash oil; any compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin.
The term does not include:
(1) the mature stalks of the plant;
(2) fiber produced from the stalks;
(3) oil or cake made from the seeds of the plant;
(4) any other compound, manufacture, salt, derivative, mixture,
or preparation of the mature stalks (except the resin extracted therefrom);
(5) the sterilized seed of the plant which is incapable of
(6) industrial hemp (as defined by IC 15-15-13-6); or
(7) low THC hemp extract; or
(8) smokable hemp.
Clearly lawmakers have taken progressive steps forward with their legislative efforts in order to provide more opportunities for the Delta-8 THC market. In fact, now Delta-8 THC flower and prerolls are legal, along with other industrial hemp-derived products — as long as the Delta-9 THC amount remains at or below the .3% level.
Indiana Industrial Hemp Act
It was Senate Bill 357 sponsored by Senators Young and Yoder which brought about the guidelines for the state’s Industrial Hemp Program. Together, the Indiana State Department of Agriculture and The Office of Indiana State Chemist (OISC) coordinate the licensing and monitoring within the state.
List of controlled substances
Of course, hallucinogenic substances and other hard drugs are found on the list of controlled substances. With SB516, Indiana has legalized hemp and all of its derivatives, giving a specific exclusion for hemp-derived cannabinoids such as Delta-8-THC, separated from the state’s list of controlled substances.
Buying and Shipping Delta 8 in Indiana
Since Delta 8 is legal in the State of Indiana, visitors and residents can shop Delta 8 products online with a shipping address located in the state or buy products in-store. Legal hemp products not exceeding the .3% Delta-9 THC level are now available!
Advocacy Groups in Indiana Supporting Delta 8 and Hemp Laws
Hoosiers are continuously showing their support of Delta 8 and pushing towards better Hemp Laws in the state. Check out some of the standout organizations in Indiana:
Indiana Medical Marijuana Advocates
News stories covering raids or busts on Delta 8 Products and stores in Indiana
Here’s how some Evansville businesses are cashing in on the cannabis market
Delta 8 THC survived the 2022 legislative session, but will it make it next year?
Amended delta-8 bill would grant legal THC product a reprieve—for now – The Statehouse File
Legislation attempts to ban sale of ‘weed light’ in Indiana
While some legislators push for marijuana legalization, delta-8 bill takes step back
Legislation attempts to ban sale of ‘weed light’ in Indiana
Delta-8 THC grows in popularity, as questions surround legality
Delta-8 derivative gaining popularity at hemp and CBD shops across Indiana
‘Legal’ Weed? In Indiana? Delta 8 THC Is Everywhere, And Officials Would Prefer To Not Talk About It
INDIANA IN-DEPTH: State’s hemp industry going through growing pains
Smokable Hemp Victory in Indiana With the House Signing Off and Reversing Ban on Smokable Hemp Products
Indiana lawmakers pass bill that would overcome ban on flowers
OPINION: Marijuana reform must become a priority in Indiana
Legalizing hemp flower could net big money; police say upholding laws would be impossible
“The hot cannabinoid of the moment is Delta-8 THC. It’s a psychoactive compound—as in, it gets you high—that’s legal in most states. Or, if not legal, then at least widely available.”
– Chris Cohen GQ Magazine