For cannabis enthusiasts, Indiana might not be your first choice among states to live in given its strict stance on recreational marijuana use. Unlike 37 other states, Indiana has yet to establish its own medical marijuana program and has no medical cannabis law.
However, if you wondered "Is Delta 8 Legal?", it may surprise you to find out that Delta 8 THC is actually legal in Indiana despite the state's harsh penalties for other forms of cannabis use. If you're interested in exploring high-quality Delta 8 products in Indiana, this article will provide you with the information you need.
Continue reading to learn all about the laws governing this legal cannabis alternative in Indiana.
Understanding Delta 8 THC
Delta 8 THC is a cannabinoid that is found in very small concentrations in the cannabis sativa plant. It is a close relative of the more well-known Delta 9 THC, but there are some important differences between the two.
While Delta 9 THC is known for producing a strong, sometimes overwhelming high that can leave users feeling anxious or paranoid. Delta 8 THC, on the other hand, is said to produce a milder, more clear-headed high that is less likely to induce anxiety. This is what can make Delta 8 THC a more appealing option for those who are sensitive to the effects of Delta 9 THC but still looking for the potential health benefits it has to offer.
Delta 8 THC has a slightly different chemical composition than Delta 9 THC, with the main difference being the location of its double bond. This bond is located on the eighth carbon rather than the ninth. This small difference in structure gives Delta 8 THC a slightly different effect on the body, with some people reporting a milder, more clear-headed high compared to Delta 9 THC.
Is Delta 8 legal in Indiana?
Yes, Delta 8 THC derived from hemp plants is legal to possess, use, purchase, sell, distribute, and produce in Indiana under the current state hemp laws.
Delta 8 and other hemp-derived cannabinoids are no longer considered controlled substances thanks to a bill that congress passed called the Agriculture Improvement Act, which is more commonly known as the 2018 Farm Bill. This bill is what legalized hemp and made all hemp-derived cannabinoids legal in federal law.
The Farm Bill defines industrial hemp stating that hemp plants and products derived from those plants are legal as long as their THC concentration does not exceed 0.3% Delta 9 THC on a dry weight basis. This includes the seeds, derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers. Any cannabis plant with a THC concentration of more than 0.3% Delta 9 THC is still considered marijuana.
Despite a rocky start, the Drug Enforcement Agency (DEA)'s stance on Delta 8 is that it is in fact legal and protected under the Farm Bill by the federal government.
Due to this new cannabis law, the Indiana cannabis market continues to explode with hemp derived compounds growing in popularity.
The legal history of Delta-8 THC in Indiana
After President Donald Trump passed the Farm Bill in 2018 it was up to the state to determine their stance on hemp-derived products like Delta 8.
In 2019, Indiana Senate passed Senate Bill 516, which aligned the state hemp laws with the federal 2018 Farm Bill. This senate bill then created a legal framework for the hemp industry to flourish in the state.
Hemp cultivation and hemp producers were able to begin production in the state. This bill also legalized cannabis products such as hemp-derived CBD and other cannabinoids like Delta 8 THC and Delta 10 THC by officially removing them from the state's list of controlled substances.
Which Delta-8 products aren't legal in Indiana?
Regardless of the federal legalization of hemp and the removal of Delta 8 from the state's list of controlled substances. Not all Delta 8 THC products are legal in Indiana. Specifically, smokable hemp remains banned under state law. This directly refers to all smokable hemp flower products.
A handful of attempts to reverse this ban on smokable hemp flower have yet to be successful. One of the most recent attempts was with House Bill 1224, authored by Rep. Sean Eberhart. The bill challenged SEA 516 in the federal court and passed in the state's House of Representatives, but was held up in the Senate and died by the end of the legislative session.
Lastly, no Delta 8 products that are derived from marijuana are legal. Because of the Farm Bill, all Delta 8 THC products must be derived from hemp in order to remain legal at both the state and federal levels.
Indiana cannabis law
Indiana remains one of the states with very strict marijuana laws. Medical and recreational marijuana use, and possession are illegal in the state. Republican legislative leaders have rejected marijuana bills previously; therefore, marijuana remains a controlled substance in state and federal law.
There have been discussions about legalizing marijuana in the state with a focus on how marijuana legalization could boost the economy and bring stimulate more jobs. Although many have preferred to wait until it has been legalized federally by the United States Government first.
Indiana lawmakers studied cannabis for its medical use in 2018 but all pushes for any form of legalization such as a medicinal cannabis bill or marijuana decriminalization have continued to fail. In fact, out of 11 marijuana-related bills in 2021, Indiana passed only 1 successfully, which aimed to offer defense for drivers caught with marijuana or THC metabolite in their bloodstream, as long as the driver wasn't intoxicated and didn’t cause an accident.
Recently board member Frank Lloyd of the National Organization for the Reform of Marijuana Laws has created the Indiana Cannabis Chamber of Commerce, which helps to bolster lobbying efforts through education to lawmakers and the general public. Lloyd has stated “Realistically, we’re starting the clock for the next two to three years on a decriminalization bill or a medicinal cannabis bill,” he said. “But I think that this is a great beginning.”
Currently, there is no upcoming state legislation that could legalize marijuana for the state and all of the previous efforts have failed. Another shot at legalizing cannabis was in the form of House Bill 1154, which was created by State Rep. Vannessa Summer. If passed, this bill would have legalized adult-use cannabis for those over the age of 21. This bill stalled out and died about halfway through the legislative session and never made it to committee hearings.
In light of these failed attempts, cannabis advocates remain hopeful and persistent, however, marijuana legalization looks to be very far off from becoming a reality.
Is Medical marijuana legal in Indiana?
Indiana medical cannabis laws have not yet been approved. As of today, there is no way for Indiana residents to get a medical marijuana card. Marijuana is still considered a controlled substance under Schedule I Indiana's Controlled Substances Act, which aligns the state and federal law.
As such medicinal marijuana possession, use, sale, distribution, and production of marijuana are strictly prohibited and have extremely harsh penalties.
Delta 8 THC which is derived from marijuana is also considered illegal. You cannot buy marijuana-derived Delta 8 with a THC content of more than the federally allowed 0.3% Delta 9 THC.
Is Recreational marijuana legal in Indiana?
While many other states have moved forward and legalized recreational marijuana, Indiana still has some of the most restrictive marijuana laws in the U.S.
Marijuana possession of fewer than 2 ounces is considered a Class B misdemeanor, punishable with a fine of $,1000 in addition to 180 days in jail.
If you’re caught in possession of 2 ounces or more, it becomes a Class A misdemeanor, which is punishable by up to 1 year in prison plus a $5,000 fine.
Really want to push the limits? Possession of more than 30 grams is considered a level 6 felony, with penalties between 6 months up to 2 and a half years in prison, on top of a fine of upwards of $10,000.
Indiana Cannabis Decriminalization
Indiana lawmakers and state officials have admitted they’re a long way behind more progressive states and have considered statewide decriminalization of the plant. There have also been mentions of interest in introducing a medical marijuana program.
Some early success has been witnessed with reform in Indianapolis, where Marion County Prosecutor Ryan Mears is in support of legalizing cannabis. His office quit prosecuting cases for simple marijuana possession in 2019 in an effort to reduce the prison population, which has allowed police to focus on violent offenders.
However, these are still just dreams of those with hopes to see Indiana legalize marijuana and move to total marijuana decriminalization.
Where to Buy Delta 8 THC in Indiana
You shouldn't have a hard time finding Delta 8 products in Indiana, many brick-and-mortar stores like CBD stores and vape shops will offer these items for sale.
In fact, you will find Delta 8 in all major cities in like Indianapolis, Fort Wayne, Evansville, South Bend, Carmel, and Fishers.
Sure, you can buy Delta 8 in person but is there a better way to buy Delta 8 in Indiana?
Absolutely there is, the most convenient way to buy Delta 8 in Indiana is to purchase it online. You will find many reputable online retailers like Everyday Delta which carry a larger selection of products and options from trusted brands than what you may be able to find locally.
Not to mention you will likely find even better prices when you buy Delta 8 online. Those are just a few reasons why buying Delta 8 online is the best route to go. In fact, it's as simple as buying anything else online.
How to Buy Delta 8 THC Online in Indiana
Buying Delta 8 online in Indiana couldn't be easier. Not only will you find a wider selection of products and more reasonable prices, but you can do it all from the comfort of your home.
All you need is a valid ID, debit or credit card, and within a few days, your choice of Delta 8 products will be at your door.
Remember that the state of Indiana does not allow for the purchase of smokable hemp such as hemp flower. Fortunately, that does not apply to inhalable products such as vape cartridges and disposable vape pens.
What does the future look like for Delta 8 in Indiana?
Since currently there is no medical cannabis industry in the state, we predict that Delta 8 popularity will only continue to skyrocket. Currently, anyone of legal age with a valid ID can purchase Delta 8 in the Hoosier State.
As state lawmakers continue to work on legalizing cannabis it's great to know that Indiana residents have some great alternative options that are easily accessible and readily available.
We can only hope that the positive legal status of Delta 8 remains but like many things, there are no guarantees. At least until then Delta 8 can continue to be enjoyed.
FAQ
Is THC legal in Indiana?
Yes and no, there are many forms of THC. Traditional THC, also known as Delta 9 THC, as well as Delta 8 THC is legal when derived from hemp plants that contain a THC concentration of less than 0.3% Delta 9 THC.
Is Delta 8 legal in Indiana?
Yes, Delta 8 THC and other hemp-derived compounds are legal in Indiana. However, smokable hemp products are considered illegal.
Is medical marijuana legal in Indiana?
No, you cannot get a medicinal cannabis card in Indiana since both medical and recreational marijuana is illegal in Indiana law.
Is delta-10 THC legal in Indiana?
Yes, as long as the Delta-10 THC is derived from hemp it is fully legal to purchase, use, possess, sell, distribute, and produce in Indiana.
Is CBD legal in Indiana?
Yes, CBD is legal in Indiana state law when derived from hemp with a THC concentration of less than 0.3% Delta 9 THC.
Takeaways on Buying Delta 8 THC in Indiana
As the Indiana cannabis market grows, finding Delta 8 THC and other hemp-derived compounds will only continue to get easier and product innovation and selection will only grow with it. As we mentioned earlier there are quite a few reasons that you may want to buy Delta 8 online in Indiana.
Just remember that wherever you decide to purchase your Delta 8 that you do so from only trusted brands and reputable retailers like Everyday Delta. Keep in mind to steer clear of vendors that are unwilling or unable to provide third-party lab testing on all of the products they offer. These tests help indicate that the product is compliant with the federal government and help you avoid any potential health risks.
If you are looking for somewhere to start shopping online for Delta 8, check out our wide selection of products, we offer products for everyone from new users to the seasoned cannabis connoisseur.
