The CBD industry has exploded in popularity in the past few years—and with good reason. Analysts predict that the industry will soon eclipse the marijuana industry in terms of general earnings, and more users every day are turning to CBD as a potential solution to several medical issues and conditions. With the passage of the federal farm bill in 2014, the industrial hemp industry has been effectively legalized in all fifty states.
But as the push for expansion of the industry continues, some states are struggling to define their specific regulations concerning CBD and cannabis products. This creates an even bigger struggle for CBD users, many of whom might have trouble understanding the quickly-evolving legal frameworks being employed in many parts of the country.
This guide has been created to address some of the most important aspects of Indiana CBD law. However, laws change. Consumers are always responsible for ultimately ensuring that they are compliant with local, state, and federal laws when purchasing and consuming CBD products of all types.
Indiana CBD Laws
The most important law in Indiana for CBD users is Senate Enrolled Act 52. This 2018 act legalized all CBD oil products within the state. Consumers now do not have to gain access to a medical prescription, and can freely purchase low-THC CBD products from vendors all over the state. Since the passage of this law, the state has made few revisions to the act. CBD users should feel free to purchase and consume CBD in the state of Indiana.
However, as with most states, Indiana has been very clear about the types of CBD which are legal under the new law. CBD products must be properly labeled and may not contain any amount of THC higher than .3%.
Indiana Industrial Hemp
In December 2018, Pursue University issued a press release concerning hemp. According to the release, though the Farm Bill authorizes states to implement hemp programs subject to the U.S. Department of Agriculture’s oversight, it may be necessary to update state law to comport with the language of the federal law. The press release also elaborates on the promise that hemp may hold for farmers, while also indicating that the issues concerning outstanding practical rules and issues.
The Office of Indiana State Chemist has a Frequently Asked Questions page on its website. Therein, it indicates that administrative rules must be adoptive under the Indiana Industrial Hemp Act 15-15-13 and that it normally takes about nine months. The administrative rules will have provisions concerning license applications, fees, seed labeling, seed requirements for growers, background checks, and definitions of terms such as “grower,” “agricultural hemp seed,” “variety,” “certified seed,” and more. It also will provide information on the process concerning hemp regulation in the state. Another bill, SB 516, allows for the Indiana Hemp Advisory Committee to create the rules.
Cannabis CBD in Indiana
Users should be aware that, as of 2019, CBD derived from the cannabis plant is strictly prohibited and illegal in the state of Indiana. Cannabis products are still scheduled under the state’s drug laws, which could mean serious criminal penalties for those who possess CBD derived from the cannabis plant. Cannabis CBD typically contains THC content far higher than the state’s limit, and it can consequently induce a significant high.
Senate Bill 516
The FAQ page also indicates that Governor Holcomb signed Senate Bill 516 into law on May 2, 2019. The Bill concerns the regulation of hemp and establishes the Indiana Hemp Advisory Committee, which will provide advice to the office of the state seed commissioner about the state’s hemp laws. It also provides for individuals to apply for and receive a license from the State Seed Commissioner for the growth and handling o industrial hemp in the state, according to Hemp Gazette.
Changes with the 2018 Farm Bill
The FAQ also includes a section on upcoming changes in Indiana with the 2018 Farm Bill. Therein, it indicates that the production of marijuana is not legal in the state, and those who grow unlicensed hemp are marijuana producers. The FAQ explains that marijuana is subject to Schedule I drug laws. At this point, it appears that administrative rules are in development, which will take several months. And that this will set the state up for a 2020 start date for commercial hemp production.
At this stage, administrative rules have been in development for the facilitation of legal hemp production. The rules will include information on licensing, background checks, testing, fees, and recording of sites. The rules make clear that marijuana products are still not legal in the state and that technically, nothing changes for the 2019 season. Further, the FAQ indicates that smokable hemp is illegal under the new law. This is just a general overview. The full FAQ can be viewed here.
As always, readers should consult with local legal authorities to ensure that they operate on the most recent and applicable laws. Users are responsible for following all applicable legal mandates.
Disclaimer: This is not legal advice or guidance. But simply general information. It is best to stay abreast of federal law and the law in one’s state and individuals are responsible for their own decisions concerning CBD and marijuana.
