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Let’s Talk Delta-8 State Legality: Indiana

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Let’s Talk Delta-8 State Legality: Indiana

Indiana is the home of a lot of sport legends and events, Reggie Miller, Payton Manning, Marvin Harrison, Edgerrin James, Metta World Peace, and the brawl at the palace—legendary. Oh yeah, and Gene Hackman being a coach with his classic stache and hat. He always looks like a detective who is about to get Bobby Knight on a ref for a fair call. I wonder what Bobby Knight thinks about Delta-8 THC. Indiana is a state that kind of just goes with the flow it seems. However, Indiana isn’t too keen on the traditional marijuana that their neighboring states are, they’re actually one of the few states that still has an anti-marijuana stamp, having no interest in legalizing in the near future. Neither medical nor recreational marijuana are legal in the state of Indiana. However, Delta-8 THC is legal in the state of Indiana. Under the state of Indiana you can purchase, us and even produce Delta-8 THC.

2019 was the year that the Senate Bill 516 dropped, providing the proper adjustments for the state and federal farm bill of 2018 to see eye to eye. The bill removed both delta-8 THC and Delta 10 THC off of the controlled substances list. There has been no decriminalization when it comes to traditional marijuana. The use and posscession of delta-9 THC is a class b misdemeanor that can lead to 180 days in prison or a $1000 fine. Anythink more than 30 grams…it’s a level 6 felony. Let’s just say the fine can add up to $10,000. The House Bill 1154 brought to the table by State Representative Vanessa Summers would have legalized marijuana for those 21 and over but the bill didn’t make it that far. This wasn’t the only bill to come to light in Indiana. There was also the House Bill 1028, but that didn’t make it past the basic levels.

The argument that has been going back and forth is whether or not delta-8 THC is considered to be a synthetic cannabinoid. The DEA has a lot of say in this, for obvious reasons. If, Delta-8 THC is considered to be synthetic, then it is considered to be a controlled substance even though it is derived from hemp. However, there has been no final word on to what it is—so it sits in the grey area of the Farm Bill with the rest of the alternate cannabinoids. Although Indiana is one of the biggest anti-legalize states in the country, delta-8 THC and Delta-10 THC live well—they’re legal and ready for a good time.

Section 15-15-13-6 – “Hemp”

As used in this chapter, “hemp” means 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.

Section 15-15-13-6.5 – “Hemp product”

As used in this chapter, “hemp product” means a product derived from, or made by, processing hemp plants or plant parts including derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers. However, the term does not include:

(1) smokable hemp (as defined by IC 35-48-1-26.6 ); or (2) products that contain a total delta-9-tetrahydrocannabinol concentration of more than three-tenths of one percent (0.3%) by weight.