CBD Oil In Indiana Law

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Over the past 12 months or so, legalities around CBD oil in Indiana have left residents of the state utterly confused. We're here to help. 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

CBD Oil in Indiana [Your Up-to-Date Buyer’s Guide]

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The disconnect between state and federal law causes issues in many ways. This is particularly the case for hemp and marijuana. The latter is a federally illegal substance, yet a majority of states have MMJ programs.

Hemp is now legal to cultivate federally, and as of 2021, every state had signed up for the program. However, CBD is not federally legal but is permitted in most states. The thing is, very few states have specific legislation that legalizes cannabidiol! This confusion is part of why we have created a series of guides on whether you can buy the compound in each state. Today, we look at the situation regarding CBD oil in Indiana.

First, let’s find out if cannabis is legal there.

What Are the Marijuana Laws in Indiana?

Indiana was one of the first states to ban marijuana sales without a prescription in 1913. For a century, it stood firmly against making any changes to its draconian laws. The first attempt at decriminalization only occurred in 2013, and it didn’t make it out of the committee stage.

Two years later, the first bills to legalize MMJ in Indiana were introduced to the House and Senate. However, the House bill failed, and the Senate bill never received a hearing. There was little action in the following years, and it seems as if little will change in the short to medium term.

Indiana was one of the first states to ban marijuana sales without a prescription in 1913.

Ten bills directly related to cannabis’ decriminalization, legalization, and regulations were introduced to the House and Senate in 2021. However, only one, Senate Bill 201, made it to the governor’s desk.

It provides a defense against prosecution for anyone who operates a vehicle with marijuana or its metabolites in their blood under certain circumstances. It is only a usable defense if the individual isn’t intoxicated at the time of arrest, didn’t cause an accident and a chemical test identifies the substance.

Unfortunately, House Bill 1028, which would make the possession of small amounts of marijuana an infraction, did not make it past the Committee on Corrections and Criminal Law. Neither did bills looking to introduce a marijuana pilot program and decriminalize up to two ounces of the substance.

Cannabis Penalties in Indiana

At present, Indiana is one of the few states that doesn’t decriminalize cannabis. As such, it is one of the strictest anti-marijuana locations in America. The possession of any amount of cannabis is a Class B misdemeanor. You could receive a maximum fine of $1,000 and up to 180 days in prison.

The possession of 30+ grams of cannabis is a Class A misdemeanor. This comes with a possible $5,000 fine and a jail term of up to 365 days. Individuals with a previous marijuana offense caught with 30+ grams are charged with a Level 6 Felony. This could lead to a $10,000 fine and up to 30 months in jail.

The sale or cultivation of marijuana is a misdemeanor as well. It becomes a felony if 30+ grams of cannabis is involved.

With such harsh marijuana penalties, does Indiana at least allow the use of CBD oil?

Is CBD Oil Legal in Indiana?

Yes, CBD is legal in Indiana as long as it comes from industrial hemp rather than cannabis. Indiana maintained a strong anti-cannabinoid stance for a long time.

It only changed in April 2017 when Governor Holcomb signed HB 1148. It legalized the use of CBD oil from hemp containing a maximum of 0.3% THC. However, that particular Indiana law only permitted the use of CBD for people with uncontrollable seizures. The new law went into effect in July 2017.

Indiana residents didn’t have to wait long for further developments. Governor Holcomb signed Senate Enrolled Act No. 52 into law in March 2018. This legislation permits the sale and use of CBD for any purpose. The main caveats are that the cannabinoid must come from hemp and contain a maximum of 0.3% THC by dry weight.

It is also important to note that there are now possession limits for hemp-derived CBD in Indiana. Please note that Indiana lawmakers also passed SB 516. It bans the use of smokable CBD flowers. On the plus side, it seems as if there’s no state ban on CBD in cosmetics, food, or beverages, which is good news for sellers.

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CBD Oil Regulations

In some states, the CBD industry is the subject of lax oversight. It is a different situation in Indiana, however. Only CBD products analyzed by an independent testing laboratory and packaged with certain information on a label or QR code are permitted for sale in Indiana. Products must contain the following details:

  • Product and manufacturer name
  • Ingredients
  • Expiration date
  • Batch number, size, and date
  • Quantity of extract per product
  • A scannable link to a certificate of analysis (COA) proving the product has less than 0.3% THC
  • A statement confirming that there is less than 0.3% THC by dry weight in the product

Industrial Hemp in Indiana

Governor Mike Pence signed IC 15-15-13 into law in 2014. Also known as the Industrial Hemp Act, the legislation authorized the provision of licenses for hemp cultivation. However, you could only get a license if cultivating the crop for research purposes in a partnership with Purdue University. The law didn’t allow consumers to purchase hemp products.

It was only with the passing of the 2018 Farm Bill that Indiana finally allowed industrial hemp growth and cultivation. SB 516 mandated creating the Indiana Advisory Committee, which is involved in developing rules for the state’s hemp program. By 2019, it was possible to cultivate hemp in the Hoosier State.

It was only with the passing of the 2018 Farm Bill that Indiana finally allowed industrial hemp growth.

Those interested in growing hemp must get a license from the Office of Indiana State Chemist (OISC). The cultivation of hemp without this license is treated as the same offense as growing marijuana. The recent availability of general grower’s licenses should help the state’s hemp program expand.

If you apply for a growing license, you must include the GPS coordinates of where you intend to cultivate the crop. You must also give written consent for a background check (which can take up to three months), pay a fee, and provide a signed statement saying you haven’t been convicted of a drug-related misdemeanor or felony in the last ten years.

By 2021, the acreage registered for hemp farming in Indiana was 8,900 acres outdoors. Indoors, approximately 1.7 million square feet is registered for hemp cultivation. However, farmers struggle to keep their crops below the THC limit, and hemp is regularly destroyed for exceeding the 0.3% limit.

Where to Buy CBD Oil in Indiana

You can buy hemp-derived CBD from a wide variety of physical stores. Even large chains such as Whole Foods and Walgreens sell CBD oil. Remember, CBD sold in Indiana must meet specific guidelines, or else the seller is acting illegally.

What’s the truth?…

It is easy to find CBD oil online too, but not every brand meets Indiana state guidelines. If you purchase CBD from an online store, make sure the company offers COAs with every batch. They also need to prove that their products contain a maximum of 0.3% THC and come from hemp.

What Are the Best CBD Oil Indiana Stores?

Remember, when it is time to buy CBD oil in Indiana, stick with physical stores that have a solid reputation for quality. Do not purchase CBD from any shop that doesn’t offer COAs, and focus on brands that use CO2 extraction, although ethanol is acceptable in some circumstances.

In general, online stores provide a better choice of products and better value for money. However, there are some high-quality CBD stores in Indiana. Here are ten we’ve picked out.

2704 Lincoln Ave, Evansville, IN 47714, United States

B-Town Botanicals Hydroponics & CBD

339 E Winslow Rd, Bloomington, IN 47401, United States

Crush Vapor & Smoke Shop

215 N Stockwell Rd, Evansville, IN 47715, United States

Dragon Smoke & Vape Shop

10535 E Washington St, Indianapolis, IN 46229, United States

Epic Vapes Fort Wayne

3120 St Joe Center Rd, Fort Wayne, IN 46835, United States

3615 N Clinton St #1822, Fort Wayne, IN 46805, United States

Indy Vapor Shop

4930 Lafayette Rd, Indianapolis, IN 46254, United States

Puff ‘N Stuff Vapor

2163 E Morgan Ave, Evansville, IN 47711, United States

Vape & Smoke South Bend

1404 N Ironwood Dr, South Bend, IN 46635, United States

Xpress Tobacco Outlet

622 S Rangeline Rd, Carmel, IN 46032, United States

You can also purchase CBD online from top-rated brands such as:

Do You Need a Prescription for CBD Oil in Indiana?

No. If you are old enough to purchase CBD oil in Indiana, there is no doctor’s recommendation requirement. However, the parents/guardians of minors may need to get in touch with a physician to see if they can persuade stores to give the child CBD. A growing body of evidence suggests that cannabidiol could help reduce the frequency and severity of seizures in epilepsy patients, for example.

How Old Do You Have to Be to Buy CBD in Indiana?

At present, there is no codified requirement regarding the age limit for buying CBD in Indiana. However, practically every physical store in the state will refuse to sell to anyone under 18. Most businesses are understandably reluctant to allow minors to buy a product that isn’t FDA approved. Indeed, many CBD sellers in Indiana will only sell to people aged 21+ and ask for ID.

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Final Thoughts on CBD Oil in Indiana

If you live in Hoosier State, you are free to purchase CBD oil. Just make sure it is derived from hemp and contains a THC level below the maximum limit.

It is a very different story if you’re looking for marijuana. Indiana remains one of the strongest anti-cannabis states. It hasn’t even decriminalized the substance. As a result, being caught in possession of even one gram of marijuana is potentially enough to warrant a prison sentence.

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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