CBD Oil In Indiana Law

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Indiana Laws and Penalties Marijuana, which includes hash and hash oil under the Indiana Criminal Code, is listed as a Schedule I drug. 35-48-2-1, et seq. of the Indiana Criminal Code Web Pure Craft CBD offers CBD Oil 1000mg & 2000mg flavored CBD tinctures, CBD Gummy Bears, CBD Oil for Dogs and more! Discover Pure Craft CBD PURE CRAFT BLOG CBD is being used all over the country for things like anxiety and insomnia, but many remain hesitant due to CBD’s legal challenges. Although hemp products have been legalized on a federal level, every state has the right to make their own laws about CBD. So, is CBD legal in Indiana—a state with a history of vetoing me

Indiana Laws and Penalties

Marijuana, which includes hash and hash oil under the Indiana Criminal Code, is listed as a Schedule I drug.

  • 35-48-2-1, et seq. of the Indiana Criminal Code Web Search
  • 35-48-2-4(d)(22) of the Indiana Criminal Code Web Search
  • 35-48-4-10,11 of the Indiana Criminal Code Web Search

NOTE: Indiana law explicitly exempts CBD (cannabidiol) products containing less than 0.3 percent THC from the state’s criminal definition of marijuana, making them legal to possess and sell in accordance with applicable licensing laws.

Possession for Personal Use

Possession of marijuana is a Class B misdemeanor punishable by not more than 180 days and a possible fine of not more than $1,000. Possession of less than 30 grams and a prior drug offense is a Class A misdemeanor punishable by up to 1 year imprisonment and a fine of not more than $5,000. Possession of at least 30 grams of marijuana with a prior conviction for a drug offense is a Level 6 felony punishable by 6 months – 2 ½ years imprisonment, with the advisory sentence being 1 year and may be fined not more than $10,000. Possession with intent to manufacture, finance the manufacture of, deliver, or, finance the delivery of shall follow the violations listed under “Sale or Cultivation.” Conditional discharge may be available for first-time offenders.

  • 35-48-4-11 of the Indiana Code Web Search
  • 35-48-4-12 of the Indiana Code Web Search
  • 35-50-2-7(b) of the Indiana Code Web Search
  • 35-50-3-3 of the Indiana Code Web Search
Sale/Cultivation

The sale of less than 30 grams is a Class A misdemeanor punishable by a maximum sentence of 1 year imprisonment and a maximum fine of $5,000. A subsequent offense is a level 6 felony punishable by 6 months – 2 ½ years imprisonment and a maximum fine of $10,000.

The sale of 30 grams – less than 10 pounds is a Level 6 felony punishable by 6 months – 2 ½ years imprisonment and a maximum fine of $10,000.

The sale of 10 pounds or more is a level 5 felony punishable by 1 – 6 years imprisonment and a maximum fine of $10,000.

The sale of any amount to a minor is a level 5 felony punishable by 1 – 6 years imprisonment and a maximum fine of $10,000.

  • 35-48-4-10 of the Indiana Code Web Search
Hash & Concentrates

A person who knowingly or intentionally possesses (pure or adulterated) marijuana, hash oil, or hashish commits a Class A misdemeanor, punishable by a maximum sentence of one year imprisonment and a maximum fine of $5,000. Conditional discharge may be available for first-time offenders.

Possession of more than 2 grams of hashish or concentrate, or if the person has a prior conviction of an offense involving marijuana, hash oil, or hashish and is in possession less than 2 grams, then the crime is a level 6 felony, punishable by 6 months to 2 ½ years imprisonment and a maximum fine of $10,000.

  • § 35-48-4-10 of the Indiana Code Web Search
  • § 35-48-4-11 of the Indiana Code Web Search
  • § 35-48-4-12 of the Indiana Code Web Search
  • § 35-50-3-2 of the Indiana Code Web Search
  • § 35-5-2-7 of the Indiana Code Web Search

Manufacture or sale of less than 5 grams of hash oil, or hashish is a class A misdemeanor punishable by a maximum sentence of one year imprisonment and a maximum fine of $5,000. A subsequent offense is a level 6 felony punishable by 6 months – 2 ½ years imprisonment and a maximum fine of $10,000.

If the amount is at least 5 – but less than 300 grams the offense is a level 6 felony punishable by 6 months – 2 ½ years imprisonment and a maximum fine of $10,000. A subsequent offense if a person has a prior drug dealing offense is a level 5 felony punishable by punishable by 1 – 6 years imprisonment and a maximum fine of $10,000.

If the amount involved is at least 300 grams the offense is a level 5 felony punishable by a fixed term of imprisonment of 1 – 6 years with the advisory sentence being 3 years and a fine of not more than $10,000.

If the offense involved a sale to a minor the offense is a level 5 felony punishable by a fixed term of imprisonment of 1 – 6 years with the advisory sentence being 3 years and a fine of not more than $10,000.

  • § 35-48-4-10 of the Indiana Code Web Search
Paraphernalia
Manufacture

Manufacture of paraphernalia is a Class A infraction punishable by up to a $10,000 fine. A Subsequent conviction is a Level 6 felony punishable by 6 months – 2 ½ years imprisonment and a maximum fine of $10,000.

  • 34-28-5-4 of the Indiana Code Web Search
  • 35-48-4-8.1 of the Indiana Code Web Search
Possession

Possession of paraphernalia is a Class A infraction punishable by up to a $10,000 fine. A subsequent conviction is a Level 6 felony punishable by 6 months – 2 ½ years imprisonment and a maximum fine of $10,000.

  • 34-28-5-4 of the Indiana Code Web Search
  • 35-48-4-8.3 of the Indiana Code Web Search
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Dealing in paraphernalia is a Class A infraction punishable by up to a $10,000 fine. A person is dealing in paraphernalia and has a prior unrelated judgment or conviction may be convicted of a Level 6 felony punishable by 6 months – 2 ½ years imprisonment and a maximum fine of $10,000.

  • 34-28-5-4 of the Indiana Code Web Search
  • 35-48-4-8.5 of the Indiana Code Web Search
Miscellaneous

Presence “where knowledge of drug activity occurs” is a misdemeanor punishable by a maximum sentence of six months imprisonment and a maximum fine of $1,000.

A possession, sale, or distribution conviction will result in a driver’s license suspension for 6 months- 2 years.

  • 9-30-4-6(b)(6) of the Indiana Code Web Search
More Information
Conditional Release

The state allows conditional release or alternative or diversion sentencing for people facing their first prosecutions. Usually, conditional release lets a person opt for probation rather than trial. After successfully completing probation, the individual’s criminal record does not reflect the charge.

Drugged Driving

Every state criminalizes driving under the influence of a controlled substance. Some jurisdictions also impose additional per se laws. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have a detectable level of an illicit drug or drug metabolite (i.e., compounds produced from chemical changes of a drug in the body, but not necessarily psychoactive themselves) present in their bodily fluids above a specific, state-imposed threshold. Read further information about cannabinoids and their impact on psychomotor performance. Additional information regarding cannabinoids and proposed per se limits is available online.

Legalized CBD

State law exempts CBD (cannabidiol) products from the state’s criminal definition of marijuana, making them legal to possess and sell in accordance with applicable licensing laws.

Medical CBD

This state has passed a medical CBD law allowing for the use of cannabis extracts that are high in CBD and low in THC in instances where a physician has recommended such treatment to a patient with a state-qualifying condition.

Tax Stamps

This state has a marijuana tax stamp law enacted. This law mandates that those who possess marijuana are legally required to purchase and affix state-issued stamps onto his or her contraband. Failure to do so may result in a fine and/or criminal sanction.

Is CBD Legal in Indiana? (2022 CBD Laws)

Hoosiers will be happy to hear that CBD meeting requirements outlined in the 2018 Farm Bill is legal in their state.

This means hemp-derived CBD with ≤ 0.3% THC contents is legal in Indiana.That’s cause to cheer like you’re rooting for your favorite race car driver at the Indianapolis-500.

Before this was the case, low-THC CBD was legal for patients with qualifying conditions. Now, it’s open to all. The state doesn’t have a medical marijuana program now that the first one has essentially been superseded by the new law. Indiana state law strictly prohibits marijuana.

Indiana CBD Laws At A Glance

When it comes to CBD in Indiana, here are the big points you need to know:

• Hemp-derived CBD oil that doesn’t exceed 0.3% THC content is legal.

• You can buy legal CBD in stores or online.

• There’s no age limit on purchasing CBD in Indiana, but stores may have individual policies.

• Indiana doesn’t currently have a medical marijuana program.Marijuana is illegal.

Is CBD Legal in Indiana?

Indiana hasn’t been in a rush to push cannabis laws forward. Once the 2018 Farm Bill legalized hemp-derived products, it lined up state law to match. Indiana strictly regulates it’s hemp production. Here’s a quick review of Indiana CBD law:

  • In 2014, Indiana made industrial hemp production legal for licensed growers and handlers through IC-15-15-13, or the Industrial Hemp Bill. It includes all derivatives of industrial hemp such as CBD, but use of CBD for Indianans was still a legal gray area.
  • CBD oil containing less than3% THC was made legal for use by patients with a short list of qualifying conditions in 2017, when HB 1148 was passed. Things remained murky for medicinal CBD though, because it didn’t include a system for distribution.
  • Not long after, the 2018 Farm Bill was passed, making hemp-derived CBD with up to 0.3% THC legal in all 50 states. Indiana immediately got on board. Senate Bill 52 made it clear Farm Bill-friendly CBD is approved for all in the state law.
  • The Indiana Hemp Advisory Committee was established through Senate Bill 516 in 2019. The committee advises on hemp laws in the state. The bill also regulates the cultivation of hemp and requires a license to do so. Any hemp production without a license is considered marijuana by the state of Indiana.
  • With several recreational and medical marijuana bills proposed in 2021, the Crossroads of America may soon veer from its strict cannabis laws.

Indiana CBD Laws: How To Buy CBD Legally

Because Indiana allows CBD, you can shop in person or online. It’s great to have options, right? With all these choices available to you, you can enjoy the widest selection of CBD products.

Purchase CBD At Brick & Mortar Stores

CBD’s legal in your neck of the woods. (Yay Indiana!) This means you can explore the offerings at a number of local venues. CBD stores are an obvious choice. But many pharmacies, health food stores, spas, farmers’ markets, etc. sell CBD-infused products, too.

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Before CBD shopping in person, research or ask around to hone in on the retailers with the best products, selection, and service.

Buy CBD Online

Some people like to buy their CBD IRL. Others prefer the convenience of online shopping. Lucky you — in Indiana, you can take your pick! And even if you enjoy the experience of physically going into a shop and selecting your CBD products, it’s great to have options.

You can safely buy high-quality CBD products online from Pure Craft. Just FYI — people in your area are clamoring for the following CBD products:

Is CBD Legal in Indiana?

CBD is being used all over the country for things like anxiety and insomnia, but many remain hesitant due to CBD’s legal challenges. Although hemp products have been legalized on a federal level, every state has the right to make their own laws about CBD. So, is CBD legal in Indiana—a state with a history of vetoing medical cannabis laws?

Interestingly enough, Indiana has more lenient CBD laws than some medical cannabis-friendly states, like California and Hawaii.

In Indiana, you may be able to access CBD at grocery markets, convenience stores, and online vendors, but you should make sure that products are sourced according to Indiana CBD laws:

Disclaimer: We’re always working to stay informed on the latest CBD laws and research. However, state laws are subject to change and we advise that you do your own research to verify the information you find in this article. This is not intended as legal advice.

Key Takeaways

  • Indiana first passed legislation to make CBD accessible only to medical patients, but now it is accessible to consumers across the state. There are various requirements, like that the product is legally sourced, properly labelled, and contains less than 0.3% THC.
  • The state also has no minimum age requirements, but it may not be easy to access CBD in stores for consumers who are under 21.
  • Doctors in Indiana may recommend CBD, but you don’t need a prescription to access it.
  • CBD may be accessible at a variety of locations in Indiana, but the state does very little to regulate quality. Certain practices, like buying CBD online and properly vetting your CBD brand, may reduce the risks of buying low-quality formulas.

Legal Concerns About CBD

It’s true that CBD gained its federal legal status in 2018. The Hemp Farming Act effectively removed industrial hemp and its natural derivatives (like cannabinoids) from the Controlled Substances Act.

But there’s a catch, and it complicates things:

Legal CBD products must come from industrial hemp.

This classification is designated to hemp material that meets a strict set of standards. The most significant is that it contains less than 0.3% THC on a dry weight basis. If CBD products are made from any cannabis strain that contains more than 0.3% THC, it is not a federally legal product.

The final product must contain less than 0.3% THC, too.

That means that even if a brand starts with legal hemp material, they need to carry out careful manufacturing procedures to produce a legal end product. It’s possible for certain cannabinoids to be “concentrated” during the extraction process, leading to higher THC concentrations than in the original material. Proper manufacturing and careful testing need to be employed to avoid this issue.

Because there is very little regulation in the CBD industry, it’s important to evaluate a brand carefully before you buy. It can be hard to tell if a CBD product is made from a legal hemp source and meets the federal guidelines for legal hemp products. The best way to ensure that your CBD products are legal is by checking the third-party lab tests for cannabinoid potency.

Of course, these regulations only apply on a federal scale. You must also ensure that your products meet the standards laid out by federal guidelines and those set by your state.

What are the CBD laws in Indiana?

Indiana Governor Mike Pence signed Indiana Code 15-15-13 into law in 2014, a bill that allowed the cultivation of hemp for research purposes. The bill also allocated the Office of the Indiana State Chemist and Seed Commissioner as the authority behind hemp licensing, and the office worked primarily in partnership with Purdue University to provide hemp licensing on a limited basis.

This bill only enabled hemp research but did not extend hemp-based products to consumers. Finally, in 2017, Governor Eric Holcomb signed HB 1148 into law, a bill that legalized low-THC cannabis products for patients with qualifying conditions.

The bill did not clarify how patients should access hemp-derived CBD oil, leading the way for the passage of SB 52 in 2018. With this legislature, Indiana officially legalized the use and sale of hemp-derived CBD products so long as they contain less than 0.3% THC.

The bill also laid out some regulations on CBD sold within the state, like that it must include a scannable link to third party lab tests. CBD products must also be labeled to show the potency, ingredients, batch date and size, and expiration date.

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Finally, the state passed SB 516 following the passage of the 2018 Farm Bill. This legislation aligned the state’s definition of hemp with federal standards and laid out regulations for growing and inspecting hemp crops. This bill also established the Indiana Hemp Advisory Committee to bridge the gap between the hemp industry and state officials and guide future hemp laws. ‘

To date, there are no restrictions on the types of CBD products that can be bought in Indiana. Similarly to other lenient states (see Connecticut, Delaware, Virginia), Indiana allows the manufacture of a variety of different types of CBD products, including consumables.

The state has made several attempts to pass legislation that would open up a medical cannabis program, but all have failed. Currently, any CBD product containing more than 0.3% THC is classified as a cannabis product and is illegal in the state of Indiana.

Is full spectrum CBD legal in Indiana?

It’s easy to assume that CBD isolate is legal in many places since it contains no THC, but many consumers are worried that the trace amounts of THC found in full-spectrum CBD products may cause trouble in states where cannabis is illegal. Luckily, Indiana has no laws restricting full spectrum CBD products that contain 0.3% THC or less.

Does Indiana have a CBD possession limit?

To date, there are no possession limits for CBD products that meet legal guidelines. CBD products that contain over 0.3% THC may be classified as cannabis products, which are illegal in Indiana.

Can doctors prescribe CBD in Indiana?

In Indiana, you do not need a prescription to access CBD products. In fact, doctors typically cannot “prescribe” CBD products that are sold over the counter, rather they may “recommend” them. You do need a prescription to access CBD-based pharmaceuticals.

Only one CBD product has been approved by the FDA to date. This product, GW Pharmaceuticals’ Epidiolex, is designed to treat rare forms of childhood epilepsy. Aside from this product (which comes with stringent usage guidelines), many doctors are still learning about the benefits CBD. If you’re interested in the benefits of CBD, you may need to spark a conversation with your doctor.

Where to buy CBD in Indiana?

Indiana does not have strict regulations on who can sell CBD products, rather they have some regulations regarding labelling and testing standards for any CBD product sold. Still, regulations are scarce, and you may find CBD products in many places, including corner stores and grocery markets.

Although this makes CBD accessible, the lack of regulation can be risky.

Buying CBD online is a suitable option for most consumers. When you buy CBD online directly from the brand, you get better oversight of the brand’s manufacturing practices. Looking at the brand’s hemp source and lab testing procedures can help ensure that the CBD products you choose are clean, potent, and meet legal guidelines.

Buying CBD directly from a brand instead of from a third-party market may also be less costly since you won’t have to pay the extra fees that are often tacked on by the middle man. Of course, premium CBD can be expensive to manufacture, so you should also be wary of products that offer low-ball prices.

Finally, buying CBD online may be the best way to access many different types of CBD. The most common type of CBD product is an oil tincture, but you can find a variety of CBD edibles, topicals, and other specialty products when you shop online.

For more information on how to find high-quality CBD products, check out our CBD Buyer’s Guide.

Can you buy CBD at 18 in Indiana?

The legal age to buy CBD is fuzzy, even when looking at federal regulations. In theory, CBD should be accessible to people of all ages, especially since it gained its popularity as a treatment for various childhood illnesses. Of course, some products may not be suitable for people of all ages, like smokable hemp flower or CBD vaporizers.

In Indiana, there are no statewide regulations regarding the legal age to buy CBD. Instead, these laws may vary by jurisdiction and are more heavily impacted by CBD vendors. Since the legal age for tobacco products has been raised to 21, many smoke shops may require users to be 21 to purchase CBD.

Many CBD brands allow customers who are 18 or older to order online and will ship legal CBD products to Indiana.

Is CBD legal in all 50 states?

Thanks to federal updates, CBD has the potential to be legal in every U.S. state. CBD is legal in Indiana, but every state has different regulations regarding the manufacture and sale of CBD. Click here to find out where CBD is legal.

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