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indiana cbd oil laws

Indiana

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Is weed legal in Indiana?

No. Adult, or recreational, cannabis use is illegal in Indiana and the state has no provision for medical marijuana use either. Hemp-derived CBD oil with less than 0.3% THC is the only form of cannabis that’s permitted.

Possession of less than 30 grams of marijuana or less than 5 grams of hash is a class A misdemeanor with a penalty of up to one year imprisonment and a fine of up to $5,000. Possession of more or subsequent offenses is a class D felony, which can earn violators between six months and 2.5 years in prison as well as a fine up to $10,000.

Legislation history

In 1913, Indiana became one of the first states to ban the sale of marijuana without a prescription. After Harry Anslinger helped pass the Marihuana Tax Act in 1937, it wasn’t long before the historically conservative Indiana adopted some of the strictest cannabis laws in the United States.

Efforts to change legislation began in early 2013, though these efforts found little success. In February 2013, a bill to decriminalize small amounts of marijuana was killed in committee.

In early 2015, bills were introduced both in the House ( HB 1487 ) and Senate ( SB 284 ) to legalize medical marijuana for certain qualifying conditions with a physician’s recommendation. The House Bill failed to advance, and the Senate bill died before receiving a hearing.

Four years later in April 2017, Gov. Eric Holcomb signed HB 1148 to allow the use of CBD oil containing less than 0.3% THC for patients with uncontrollable seizures whose symptoms were resistant to traditional treatments. While HB 1148 legalized hemp-derived CBD, it didn’t specify a way for patients to purchase it.

The vagueness in HB 1148 made way for a new law that broadened access to CBD and specified regulations surrounding its sale. In March 2018, Holcomb signed SB 52 to allow the use and sale of CBD for any purpose, so long as it contained less than 0.3% THC by weight. The law also imposed additional requirements for testing and labeling. SB 52 took effect July 1, 2018.

FAQ

When will medical marijuana be legal in Indiana?

Typically, that is up to the state’s residents, governor, and legislators. In an interview with the Chicago Tribune in March of 2020, State Rep. Mike Karickhoff (R-Kokomo) said cannabis is “still illegal federally, and Gov. Holcomb has been very firm he’s not going to support any legislation until the federal government legalizes it.”

How can I get a medical marijuana card in Indiana?

Indiana does not have a medical marijuana program and does not issue medical marijuana cards.

What is the charge in Indiana for possession of marijuana?

Possession of less than 30 grams of marijuana or less than 5 grams of hash is a class A misdemeanor with a penalty of up to one year imprisonment and a fine of up to $5,000.

What is a felony possession of marijuana in Indiana?

Possession of more than 30 grams of marijuana or multiple offenses is a class D felony, which can earn violators between six months and 2.5 years in prison as well as a fine up to $10,000.

This post was updated October 22, 2020.

View the cannabis & CBD laws & regulations for Indiana.

CBD Oil Indiana 2021: Is It Legal & Where To Buy

CBD Oil Indiana

CBD has rapidly gained popularity as one of the most sought after health and wellness substances. Hence, it is no surprise that the CBD product retailer has been popping up all over the United States. CBD is considered safe for both children and adults, and it comes with a vast range of potential health benefits without psychoactive properties.

With the growing knowledge of marijuana and the beneficial health properties, more states in the US are starting to legalize cannabis not just for medical use but also for recreational use. It is becoming easy to find CBD oil in different states, including Indiana. However, unlike other States, Indiana still has a strict policy when it comes to marijuana.

Is CBD Oil Legal in Indiana?

Indiana was one of the first states to ban the sale of cannabis without a prescription in 1913. Hence, Indiana has been in opposition to marijuana for a long time. Indiana has been historically conservative, and the Marihuana Tax Act passed in 1937 by Harry Anslinger resulted in the state having the strictest marijuana laws in the US.

In early 2013, efforts were initiated to try and change the legislation, but the efforts found minimal success. In fact, a bill to decriminalize small amounts in February 2013 was killed in committee. Other bills were introduced in the Senate (SB 284) and House (HB 1487) in early 2015 to legalize medical marijuana for qualifying medical conditions with a doctor’s recommendation.

However, the Senate bill was killed before it even got a hearing, and the House bill failed to advance. It was only until April 2017 that Eric Holcomb, a Republican Governor signed HB 1148 to allow the use of CBD oil with less than 0.3% THC for patients with seizures that are uncontrollable with symptoms that are resistant to traditional treatments. The law later became effective later that year in July.

However, while the bill legalized hemp-derived CBD, it didn’t specify how patients could purchase it. The vagueness of the bill created a way for a new law that helped broadened access to CBD products and specify regulations regarding CBD sale.

Holcomb signed SB 52 in March 2018. The bill allowed the sale and use of CBD for any use as long as it contained less than 0.3% THC and also imposed additional requirements for labeling and testing. The bill came into effect in July of the same year.

Since there is no recreational or formal medical cannabis program in this state, there lacks a regulatory body that oversees the purchase, retail sale, manufacturing, or use of hemp-derived CBD oil products. However, there are efforts to research the viability of industrial hemp as a crop by the Interim Study Committee on Agriculture and Natural Resources in Indiana.

Hence, as long as it contains less than 0.3% THC and is appropriately packaged, anyone in Indiana can purchase hemp-derived CBD products. All legal CBD products are required to have a scannable QR code that should link to a document with product information and additional product information on the packaging.

Hence, you can buy low-THC CBD products from either an online vendor or a local retailer that carries the products. There is also no limit on the consumption of low-THC CBD. However, if you are caught consuming CBD containing THC, you will be subjected to stricter penalties.

According to the Indiana law, ten nanograms of THC/ml of blood is considered a class C misdemeanor, which is also equivalent to DUI (Driving Under the Influence) of alcohol. In which case, you would be asked to pay a fine of up to $500 and a possible jail term of up to 60 days.

As long as CBD contains less than 0.3% THC, you will be within your rights to possess hemp-derived CBD oil in Indiana. The packaging also has to be labeled appropriately. However, possession of more than 0.3% THC is considered illegal.

Indiana also doesn’t have a medical marijuana program nor a state regulatory body or registry. This means that you are not required to have a qualifying condition to use CBD in Indiana. SB 516 was drafted and passed by Indiana lawmakers to ban smokable CBD flowers. However, there is no ban on the use of CBD in beverages, food, or cosmetics. The bill also established that the Indiana Seed Commissioner be provided with advice regarding fees, licensing, testing, labeling, and research requirements for hemp by the Indiana Hemp Advisory Committee.

Why You Should Buy CBD Oil Indiana Online?

With online purchases, you can actually confirm that the product has less than 0.3% THC, unlike with local purchases. Some local retailers will not be keen to maintain the THC content at or less than 0.3%, and the state has zero tolerance towards THC that goes beyond the limit. Remember that even the smallest trace of THC in your blood could put you in a lot of trouble.

Online CBD purchase allows you to do your research. Reliable brands mark their ingredients along with the recommended dosage and have different products with varying potency and strengths to meet different health needs.

Getting your CBD online is the most convenient and most straightforward option. You also had the opportunity to read online reviews of the brand before purchase. You can also check for third-party lab test reports to make sure you are buying high-quality CBD oil that won’t lead you into a heap of trouble.

Are you a resident of Indiana looking to purchase CBD oil Indiana but not sure what the laws allow. We look at whether CBD oil is legal in Indiana 2021.