2021 Update
CBD Oil Only
No new updates as Indiana has no effective medical cannabis law and still imposes jail time for simple possession of cannabis.
Original Post:
In addition to the federal hemp laws laid out in the 2018 Farm Bill, each state has its own state hemp laws. Before we dive in on Indiana Hemp Laws and the legality of CBD in Indiana, it is important to understand the different types of hemp and CBD products that these laws may be applied to.
There are many (somewhat confusing) terms for hemp oil:
- Isolate or THC-Free Hemp Oil has only CBD and all other plant compounds have been removed, THC is undetectable. Pure CBD Isolate can also be purchased in powder form.
- Full-Spectrum Hemp Oil has all plant compounds, including less than 0.3% THC.
- Broad-Spectrum Hemp Oil has undetectable THC, but contains other plant compounds.
- PCR (Phytocannabinoid-Rich) Hemp Oil with Zero-THC is a new marketing term for broad-spectrum hemp oil.
- CBG Hemp Oil is a hemp oil from a cannabigerol (CBG) rich hemp strain that has more CBG than is found in CBD Hemp Oil.
- Hemp Flower is the dried and harvested flower of the hemp plant. It can be used whole or extracted to make CBD isolate, Full-Spectrum CBD, or Broad-Spectrum CBD (PCR Hemp Oil).
FAQ: Hemp and CBD Legality in Indiana
Is Full Spectrum CBD Legal in Indiana?
That is a trick question because full-spectrum CBD is not the same as the so-called PCR Hemp Oil! This new marketing term is certainly introducing even more confusion around CBD products.
Many CBD and hemp products are legal in Indiana. They must meet stricter requirements than in other states though! Before buying CBD and hemp products in Indiana, you will want to become familiar with their laws for both.
Is It Legal to Ship PCR Hemp Oil to Indiana?
It is legal to ship ALL types of hemp products with less than 0.3% THC to all US States according to the 2018 Farm Bill.
Where to Buy Full Spectrum CBD Oil in Indiana?
You can buy CBD in Indiana in retail stores. When shopping online you will need to be more careful. It is your responsibility to make sure you only order products that comply with Indiana's unique CBD laws.
Do you need a special license to purchase PCR Hemp Oil in Indiana?
You don’t need a special license to purchase CBD hemp oil (all types) in Indiana.
How Does Indiana Legally Define Hemp?
'Hemp'
Sec. 6. 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.IC 15-15-13-15 Indiana Hemp Statute; IC 15-15-13-6
Growing and Selling Hemp in Indiana
Indiana hemp growers and handlers must be registered and licensed with the state. They have a hemp pilot program and have submitted a full hemp farming plan to the USDA for approval.
Retail Hemp and CBD products must comply with SENATE ENROLLED ACT No. 52, and SENATE ENROLLED ACT No. 516 which include the Indiana hemp laws:
- Products must contain no more than 0.3% THC
- Products must come from a registered farm
- Products must be tested by a licensed laboratory
- Testing laboratory must be ISO certified
- The THC must be reported as “total THC”
- Product must have a COA from the ISO certified independent laboratory
- Labels must have a scalable QR code and have detailed labeling requirements
In addition to Indiana state CBD laws and the 2018 Farm Bill hemp laws, the US Food and Drug Administration (FDA) has additional requirements for CBD and hemp companies to meet.
Indiana state hemp laws allow for many products, as long as they fall within state and FDA guidances:
- Hemp concentrates and extracts (oils and tinctures)
- Hemp topicals
- Industrial hemp for building or fiber materials
- Industrial hempseed (food product)
- Industrial hempseed oil (food product)
Note that smokable hemp is explicitly not legal to sell in Indiana. Surprisingly, Indiana hemp laws classify smokable hemp use, sales, distribution, and possession a Class A Misdemeanor! This also means that Indiana hemp farmers can only sell their hemp flower to someone who has a processing license with the state of Indiana.
