Is CBD oil legal in Indiana?
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- What is CBD?
- Why is CBD sometimes illegal?
- Indiana CBD laws
- Where to buy CBD in Indiana
- How to read CBD labels and packaging
Hemp-derived cannabidiol (CBD) was legalized in Indiana in March 2018. Indiana consumers can enjoy access to CBD products derived from hemp that contain no more than 0.3% THC by weight.
The cultivation of hemp for research purposes was made legal in Indiana in 2014, under the Industrial Hemp Act. Following the passing of the 2018 Farm Bill, Indiana lawmakers are currently drafting regulations to license and operate commercial Indiana-based hemp growers and processors.
Indiana has no medical marijuana program, and adult-use cannabis is illegal. CBD derived from cannabis is also illegal.
What is CBD?
CBD is a non-intoxicating cannabinoid found in cannabis and the second-most prominent in the plant after THC, which is largely responsible for producing an intoxicating high. CBD can be sourced either from marijuana or hemp plants and has a wide range of potential therapeutic benefits.
To date, researchers have identified a number of potential applications linked to CBD, including anti-inflammatory, analgesic, anti-anxiety, and anti-seizure properties. Further, the chemical has shown promise in treating numerous health conditions, including seizure disorders, mood disorders such as depression, anxiety, and psychosis, chronic pain, and many more.
Most raw cannabis strains on the market today contain small amounts of CBD, especially compared with THC. But since the cannabinoid has gained considerable attention for its wide range of purported therapeutic benefits, more high-CBD strains have recently been cultivated.
Laws and regulations regarding CBD are evolving nationwide. Photo by: Gina Coleman/Weedmaps
Why is CBD sometimes illegal?
All types of cannabis, including hemp strains that don’t produce enough THC to cause intoxication, were considered illegal under the Federal Controlled Substances Act of 1970. The law categorized all cannabis as Schedule 1, which defined the plant as a highly addictive substance with a high potential for abuse and no accepted medical use.
The 2018 Farm Bill re-classified hemp as an agricultural commodity and made its cultivation federally legal. Further, the act removed some forms of cannabis from Schedule 1 status by creating a legal distinction between hemp and marijuana. Hemp is cannabis with less than 0.3% THC, and marijuana refers to cannabis with more than 0.3% THC. This distinction in federal law effectively legalized CBD that is derived from cannabis with less than 0.3% THC, as long as it has been cultivated according to federal and state regulations.
The 2018 Farm Bill legislation does not mean that CBD derived from hemp is universally legal throughout the United States. According to the Farm Bill, the Food and Drug Administration (FDA) has the power to regulate CBD product labeling, including therapeutic claims and the use of CBD as a food additive.
The FDA has declared that even hemp-derived CBD may not legally be added to food and beverages, or marketed as a dietary supplement. Although the organization has begun to re-evaluate some of its stances on legal CBD products, the FDA has not revised its regulations. The agency also has been strict in its position against any labeling that could be perceived as a medical claim about CBD.
In addition to the federal regulation of CBD, the Farm Bill also gave states the option to regulate and prohibit the cultivation and commerce of CBD. States may regulate CBD in food, beverages, dietary supplements, and cosmetic products independently, even before the FDA finalizes its policies. Indiana has not specified any regulations regarding the use of CBD in food, beverages or cosmetic products, however.
Indiana CBD laws
Indiana has historically maintained an anti-cannabis stance. Multiple bills (such as HB 1487 and SB 284) have endeavored to develop a medical marijuana program, but no bill has yet successfully reached the governor’s desk. CBD derived from cannabis is illegal.
CBD derived from cannabis is illegal in the state of Indiana. Photo by: Gina Coleman/Weedmaps
The cultivation of industrial hemp and the sale of CBD products derived from industrial hemp are legal. Following the 2014 Farm Bill, Gov. Mike Pence signed IC 15-15-13, the Industrial Hemp Act, into law in 2014. This act authorized the Office of the Indiana State Chemist and Seed Commissioner to provide licenses for the cultivation of industrial hemp crops for research purposes in partnership with Purdue University. The legislation did not provide for consumers to access hemp products.
In 2017, Gov. Eric Holcomb signed HB 1148, which legalized the use of CBD oil that contained less than 0.3% THC for eligible patients. Individuals diagnosed with uncontrollable seizures and those whose symptoms resisted traditional therapies were able to use hemp-derived CBD, although the law didn’t specify a way for patients to access it.
The ambiguity of HB 1148 led to a new law that broadened consumer access to CBD and clarified regulations regarding its sale. Gov. Holcomb signed SB 52 in March 2018, allowing the use and sale of CBD for any purpose so long as it contained less than 0.3% THC by weight.
In addition, the product can only be distributed and sold in Indiana if it has been batch tested by an independent testing laboratory, and is packaged with information on the label or a QR code divulging:
- Product name
- Manufacturer name
- Expiration date
- Batch number
- Total batch size
- Batch date
- The total quantity of cannabis extract per product
- A scannable link to certification of analysis for 0.3% THC content or less
- A statement confirming that the product contains 0.3% THC content or less by weight.
After the passing of the Farm Bill, Indiana lawmakers swiftly drafted and passed SB 516. SB 516 further aligned Indiana’s terminology with that of the federal government and banned smokable CBD flower. However, there are no rules at present in Indiana that ban the use of CBD in food, beverages, or cosmetics.
Licensing requirements for CBD
SB 516 established the Indiana Hemp Advisory Committee to provide the Indiana Seed Commissioner with advice regarding the licensing, fees, labeling, testing, and research requirements for hemp.
Currently, hemp farms operate under regulations created by Indiana State Chemist and Seed Commissioner’s office per the 2014 Industrial Hemp Act. The commissioner’s office is drafting new rules to revise the Indiana Hemp Statute following the passage of SB 516 and has indicated that it may have regulations in place for a 2020 commercial hemp crop season.
Only individuals with a license from the Office of the Indiana State Chemist are authorized to grow industrial hemp crops or to process hemp products. The yields of those who grow without licenses will be defined as marijuana, and violators may be prosecuted. The cultivation of cannabis without a license is punishable by tiers of incarceration and fines.
Licenses are currently issued under the regulations outlined in the Industrial Hemp Act until the new regulations are adopted. General growers licenses will be made available in 2020. Those who apply must provide applications that include the GPS coordinates of the property, written consent for a background check along with the applicable fee, and a signed statement that the applicant has not been convicted of any drug-related felony or misdemeanor in the previous ten years.
Indiana CBD possession limits
Any Indiana consumer may possess hemp-derived CBD products as long as the product meets the legal definition of 0.3% THC or less by weight. There are no hemp-derived CBD possession limits in Indiana.
The possession of cannabis-derived CBD or CBD with more than the legal amount of THC per weight is illegal in Indiana.
The first possession offense is a misdemeanor, punishable by up to 180 days incarceration and a $1,000 fine. Those who have been convicted of a prior drug offense and found in possession of up to 30 grams, or 1.06 ounces, may be charged with a class A misdemeanor, receive up to one year imprisonment and a fine of up to $5,000.
Possession of more than 30 grams, or 1.06 ounces, and subsequent offenses are a class D felony, which earns violators between six months and 2.5 years in prison and a maximum $10,000 fine.
Where to buy CBD in Indiana
Indiana consumers can purchase hemp-derived CBD products as long as they are adequately packaged and contain the legal amount of THC. CBD products are available both in-store and through online vendors. Typically, Indiana shoppers will find CBD products at a CBD-specific store and pharmacies or grocers such as Walgreens or Whole Foods.
Indiana consumers can purchase hemp-derived CBD products as long as they are adequately packaged and contain the legal amount of THC. Photo by: Gina Coleman/Weedmaps
When purchasing from a storefront, particularly if the store specializes in CBD, you can receive guidance from an employee. Explain what you’re looking for, your reasons for consuming CBD, and they can point you in the right direction.
Indiana residents can also purchase hemp-derived CBD online, usually through specific brands’ websites. You can also find verified CBD brands on Weedmaps. Reputable brands will generally provide you with essential product details, including the form of the CBD (such as oil, capsules, topicals, tinctures, etc.), the quantity of CBD the product contains, the other chemicals or ingredients present in the product, and more.
While many online checkout systems support US-based CBD sellers, some companies like Paypal consider CBD a “restricted business” and don’t support online sales. Confirm the websites’ checkout system before purchasing CBD online.
How to read CBD labels and packaging
The 2018 Farm Bill shifted the oversight of hemp and hemp-derived products from the U.S. Department of Justice (DOJ) to the U.S. Food and Drug Administration (FDA). The FDA does not presently allow CBD-infused food, drinks, or dietary supplements to be sold, and hasn’t yet provided regulations for hemp-derived CBD products.
Still, the agency warns that regulations in flux still require companies to make legitimate claims on their labels. Buyers should nonetheless approach CBD products with caution. A CBD product should clearly state what kind of CBD is used. Full-spectrum CBD oil means the extract contains cannabis-derived terpenes and trace amounts of cannabinoids such as THC. Broad-spectrum also includes other cannabis compounds but has had THC removed during the processing phase. CBD isolate is a pure crystalline powder containing only CBD.
Most reputable CBD producers typically include the following information on their CBD product labels:
- Amount of active CBD per serving.
- Supplement Fact panel, including other ingredients.
- Net weight.
- Manufacturer or distributor name.
- Suggested use.
- Full-spectrum, broad-spectrum, or isolate.
- Batch or date code.
Is CBD oil legal in Indiana? Copy article link to clipboard. Link copied to clipboard. Contents What is CBD? Why is CBD sometimes illegal? Indiana CBD laws Where to
CBD Oil in Indiana: Everything You Need to Know
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CBD oil is getting more and more popular for its medicinal qualities. If you’ve been struggling with pain , anxiety or sleeping issues, there’s a good chance you’ve considered trying it out.
But here’s the big question:
Is CBD Oil Legal on Indiana?
The answer is yes.
Since March of 2018, a measure legalizing CBD oil in Indiana has been signed by Gov. Eric Holcomb. This law allows anyone to possess, buy, and sell CBD oil as long as it has no more than 0.3% THC.
THC, in case you are wondering, is the major psychoactive component of the cannabis plant. It’s the agent that primarily creates the “high” feeling linked with the recreational use of cannabis.
It works by mimicking the neurotransmitters naturally produced by the body to control your eating and sleeping habits as well as your perception of pain.
The law legalizing CBD oil in Indiana is strict about the THC content of the CBD oils in the area. In fact, it even requires manufacturers to test each batch of their products to make sure that it has less than 0.3% THC.
The Confusion Regarding the Bill
Prior to completely legalizing CBD oil use, the people in Indiana faced confusion for months as its politicians couldn’t really decide about its legal status. It happened right after Governor Eric Holcomb decided to sign a bill that started a registry for people struggling with epilepsy who want to use CBD oil to get relief.
CBD oil, being an extract of cannabis, immediately created confusion.
CBD oil comes from the hemp plant and this plant is within the same family as marijuana or cannabis. However, they aren’t the same.
First of all, hemp will not get you high. What causes the “high” sensation in marijuana use is its cannabinoid THC.
Good thing that politicians and endorsers of CBD use worked hard to find a solution.
On March 21, 2018, CBD in Indiana has been legalized again. Furthermore, President Trump signed an $867 billion farm bill which provides billions in aid to U.S farmers.
This provided a way for the farmers to legally cultivate and grow hemp for different purposes, such as extracting CBD with less than 0.3% THC content.
About the Source
While hemp CBD oil is considered completely legal in the state. Indiana still has zero tolerance when it comes to marijuana. With that, you need to be as informed as possible when it comes to the source of your CBD oil.
Here’s how they are different from each other:
Hemp-Derived CBD Oil
Hemp-derived CBD oil is legal in the state of Indiana. Based on the Farm Bill of 2014, all extracts from industrial hemp are considered legal. Residents can use them without worrying about committing a crime and getting arrested.
Marijuana-Derived CBD Oil
Marijuana-derived CBD oil isn’t legal in the state. Whether you’ll be using it for its health benefits or recreational purposes, the law won’t allow you.
And although the demand to get it legalized is astounding, it won’t happen anytime soon. Numerous bills on marijuana legalization have been passed but none of them has been approved.
Things to Remember When Buying CBD Oil In Indiana
A word of caution:
Indiana actually has no tolerance for THC and metabolites. This means that you can get in trouble for having a trace of THC in your body.
With that, you need to be extra careful when buying a CBD oil. Here are some of the things you need to keep in mind:
- Make sure that the CBD oil has less than 0.3% THC.
- Choose a brand that undergoes third-party lab testing and the results should be readily available on their site.
- The best CBD oil is one that’s produced through CO2 extraction.
- Go for a brand with clear policies about shipping and returns.
One of the things you can do to know if you’re buying a legal and safe CBD oil is to do your research. Visit the brand’s website and see how transparent they are in terms of their THC content and the results of their third-party lab tests. It also helps to read reviews from actual customers.
A reliable brand should be clear about the ingredients of their CBD oil and its recommended dosage. They should also offer different strengths to meet the various health needs of their consumers.
Can CBD Oil Show Up In Your Drug Test?
Drug tests are generally designed to pick up and detect THC which is the psychoactive ingredient in marijuana. They can’t really detect CBD or cannabidiol.
With that, taking CBD oil won’t likely show up in your drug test.
But, here’s the thing.
CBD oils still contain trace amounts of THC. If you consume an extremely large amount of the oil, say around 1,000 to 2,000mg per day, you could possibly get a false positive.
With that, try to know the right dose for you. Start low and add more as you progress. However, if it’s not working for you, it’s best to ask a healthcare professional.
While CBD oil is effective, it still has its limitations.
Where to Buy CBD Oil in Indiana
There’s really no restriction on the sale of CBD oil- other than it shouldn’t contain more than 0.3% of THC. As long as a product sticks to that and has met the labeling requirements, you shouldn’t have problems buying it.
You can buy CBD oil in pharmacies and local retailers. If you can’t find one near you, another option is to look online.
And if you are buying online, it pays to do your research.
Take the time to really get to know the brand. You see, for you to get the full benefits of the oil, it needs to be of good quality and you can only get that from a reputable brand.
You can save some of your precious time by reading our best CBD oil for anxiety and depression review to learn about some top-quality names.
If you want quick solution, one of your best options is Sabaidee CBD.
This brand is one of the most reliable brands when it comes to quality, potency, and effectiveness. Plus, it has less than 0.3% THC so you won’t have problems buying it in Indiana.
In addition to its oil, the brand also offers CBD capsules and soft gels. This allows you to pick the right form for your health needs and tolerance.
Is CBD oil legal in Indiana and where you can buy it for yourself? Find out everything you need to know about Indiana CBD law here.