Indiana

Legislation History

Indiana has long stood in opposition to cannabis. In 1913, Indiana became one of the first states to ban the sale of marijuana without a prescription. After Harry Anslinger passed the Marihuana Tax Act in 1937, it wasn’t long before the historically conservative Indiana had 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, Republican 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. The law became effective July 1, 2017. 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 three-tenths of one percent (0.3%) THC by weight. The law also imposed additional requirements for testing and labeling. SB 52 came into effect on July 1, 2018.

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Regulation Authority

As there is no formal medical or recreational cannabis program in Indiana, there is no regulatory body that oversees the manufacturing, retail sale, purchase, or use of hemp-derived CBD products.

Currently, the Interim Study Committee on Agriculture and Natural Resources are researching the viability of industrial hemp as a crop in Indiana.

Purchasing Cannabis

Any person can purchase hemp-derived CBD products, as long as they are properly packaged and contain less than three-tenths of one percent (0.3%) THC by weight.

All legal CBD products must include a scannable QR code that links to a document with product information, as well as feature additional product information on the packaging itself.

In Indiana, individuals can purchase low-THC cannabis products from any retailer or online vendor that carries the products.

Consuming Cannabis

There is no limit in Indiana on the consumption of low-THC cannabis products. However, stricter penalties are imposed on people caught consuming products containing THC.

Per Indiana law, ten (10) nanograms of THC per milliliter of blood is a class C misdemeanor, the equivalent of driving under the influence (DUI) of alcohol. First offenses are punishable by up to 60 days in jail and a fine of up to $500.

Possessing Cannabis

Any individual in Indiana may possess hemp-derived CBD oil, as long as the materials contain no more than three-tenths of one percent (0.3%) THC per weight and the packaging is properly labeled, as stipulated by SB 52.

Possession of cannabis with more than three-tenths of one percent (0.3%) THC by weight is illegal in Indiana. Possession of up to 30 grams, or 1.06 ounces, is a class A misdemeanor with a penalty of up to one (1) year imprisonment and/or a fine of up to $5,000. Possession of more than 30 grams, or 1.06 ounces, or subsequent offenses are a class D felony, which earns violators between six (6) months and three (3) years in prison.

Home Cultivation

Home cultivation is prohibited in Indiana. Individuals can access hemp-derived CBD products by purchasing from retail stores or through online vendors.

Medical Marijuana Registry

There is no medical marijuana program in Indiana; therefore no state regulatory body or registry information exist.

Qualifying Conditions

There is no requirement to have a qualifying condition to use CBD products in Indiana. Any individuals can legally purchase hemp-derived CBD products, so long as they contain less than three-tenths of one percent (0.3%) THC by weight and are properly labeled and packaged.

Reciprocity

Any person in Indiana can purchase CBD products. There is no requirement to be Indiana resident or to possess a medical marijuana ID card from another state.

Lab Testing

Every CBD product in Indiana must first be tested and receive a certificate of analysis from an independent testing laboratory. This certificate must confirm that a third-party laboratory tested the CBD product batch, and that the batch contains no more than three-tenths of one percent (0.3%) THC by weight based on random sampling.

Licensing for Growers, Manufacturers, Processors, Retailers etc.

All legal CBD products must include a scannable QR or barcode that links to a document with the following information:

  • The batch number
  • Product name
  • Batch date
  • Expiration date
  • Total batch size/quantity produced
  • Ingredients in the product
  • Link to a certificate of analysis that confirms the product contains no more than three-tenths of one percent 0.3% THC by weight.

Packaging must also include:

  • The batch number,
  • Total milliliters (mL) of low-THC extract per product
  • Expiration date
  • Manufacturer name
  • The web address with more batch information
  • A statement confirming the product contains no more than three-tenths of one percent (0.3%) THC by weight.

Current law specifies no requirements regarding industrial hemp cultivation, processing, or distribution.

This post was updated January 28, 2019.