Disclaimer: None of the following information should be construed as legal advice on the part of Berkshire CBD. Berkshire CBD is simply attempting to provide the most up to date information of which we are aware. We always recommend following your doctor’s advice and researching your own State’s regulations and laws for all of your activities and purchases.
The State of Indiana
Indiana has been one of the most contentious states in the union when it comes to matters of legalization of hemp plants – both hemp and marijuana. Including medical marijuana. Just where state law ends and federal law begins has been the subject of a high-profile court case in the Hoosier State.
If you want the ‘too long; didn’t read’ version of the story, then yes, CBD products containing less than 0.3 thc content are currently legal in the State of Indiana. If you want the whole, sordid history of cannabis law in Indiana, please read on.
Indiana CBD Laws prior to the 2018 Farm Bill
In 2014, SB174, AKA “Carly’s Law” permitted Alabama residents suffering from epilepsy to be prescribed CBD for the treatment of the condition. However, States with legalized medical marijuana permit doctors to recommend, as opposed to granting them the use of the federal term, prescribe.
In 2016, HB 61, AKA “Leni’s Law” expanded access to medical CBD by adding other seizure-inducing conditions.
In 2016, the Alabama Industrial Hemp Research Program Act was passed by State Legislature. This act empowered ADAI (the Alabama Department of Agriculture and Industries) with the authority to create an inspection program which could result in granting licensure for the production of industrial hemp. ADAI completed the development of these regulatory procedures immediately prior to the 2018 farm bill was enacted into law.
Indiana Hemp Laws after the 2018 Farm Bill
Senate Bill 516 legalized the sale and cultivation of industrial hemp in the State of Indiana. However, when in May 2019 gov Eric Holcomb signed the bill into law, it contained a clause that outlawed ‘smokable hemp.’ The rationale for this was that law enforcement would not be able to tell the difference between legal hemp flower and controlled substances like marijuana.
So, while the cultivation of hemp was legal in the State of Indiana, the sale of hemp flower was illegal. The sales of other CBD products, such as CBD oil, was still legal and to sell and not impacted by the law.
That’s not where the story ends, however. A federal lawsuit was filed by Incensed Indiana retailers against Governor Holcomb and the State of Indiana.
At this point one may ask the question “but wait: what does it matter if the State of Illinois made the cultivation of hemp state legal, when the 2018 Farm Bill made the cultivation of hemp federally legal?” This is a well-formulated question. The Berkshire CBD blog readership is incredibly smart.
This conflict is what the retailers based their lawsuit on. Their claim was that the outlawing the sale of smokable hemp, the state contradicted the federal legality of hemp flower.
In September of 2019, a federal judge Sarah Evan Baker ruled in favor of the retailers and declared Governor Holcomb’s smokable hemp ban unconstitutional.
Indiana Regulations FAQs:
Indiana CBD FAQs:
So, is it legal to grow CBD hemp flower in Indiana?
Yes. But you still need a state license. In 2020, the State of Indiana is expected to issue between seven hundred and one thousand commercial hemp licenses!
Is it legal to sell CBD hemp flower in Indiana?
Yes. It is legal to sell hemp flower and hemp-derivative products in the State of Indiana, as well as legal to ship hemp products by mail. All products for sale are still legally required to contain 0.3% THC in order to be considered a legal ‘hemp product’.
And is it legal to buy hemp flower in Indiana?
Yes. Indiana law legalized hemp-flower and hemp-derived products as long as any product contains THC levels lower than 0.3%. CBD oil had has been legal in Indiana since 2017 for the treatment of epilepsy, though the legal THC limit still applied. Note that Marijuana remains illegal in Indiana.
Is it legal to smoke hemp flower in Indiana?
Yes. As of September 2019, it is legal to smoke hemp flower in the State of Indiana. Prior to September 2019, smokable hemp flower remained illegal in the state, despite Senate Bill 516 having broadly legalized hemp flower sale, cultivation, and consumption. The law’s exception that it made to smokable hemp flower was determined to be unconstitutional by judge Sarah Evan Baker.
Is it legal to grow hemp at home in Indiana?
No. Not without a license. Once a license has been acquired, all cultivated hemp still needs to contain less than 0.3% THC. If you do not have a State License, any and all cannabis cultivated will be considered ‘marijuana’ and, therefore, illegal.
Where can I buy hemp in Indiana?
Indiana residents can legally purchase CBD products online, or through any Indiana brick and mortar store that happens to carry hemp flower. However, many Indiana retailers are not yet aware of the new legislation that legalized smokable hemp flower. As a result, finding a local retailer that carries smokable CBD hemp may be a challenge. If you local CBD or smoke shop is not aware of the new legalization, please be sure to spread the good news and encourage them to add smokable hemp strains to their product lineup.
Indeed, the State of Indiana honors the 2018 farm bill and the legality of all CBD products that contain less than 0.3% THC.