Is Delta-8 THC Legal in Indiana?

Indiana is one of 29 US states where delta-8 THC is legal, but for how long?

Delta 8 THC sourced in Indiana
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Delta-8 THC is legal to purchase, use, possess, sell, distribute, and produce in Indiana. 

According to Indiana law, which follows federal law as outlined in the 2018 Farm Bill, all hemp-derived cannabinoids are permitted within the state. This means delta-8 THC derived from hemp plants is legal, provided they carry no more than 0.3% delta-9 THC. 

Is delta-8 THC legal in Indiana?

  • Under state and federal law, the purchase, use, and production of delta-8 THC is legal in Indiana.
  • You can buy delta-8 online or in CBD dispensaries, smoke shops, and vape stores located all across the state.
  • However, hemp flower and delta-8 flower are not legal in Indiana under state law.
  • Hemp-derived CBD and delta-10 THC are also legal in Indiana.
  • State and federal law allows you to travel into Indiana with delta-8 products.
  • The future for delta-8’s legality in Indiana is unknown. The federal government seeks to verify its legal status across the US.
  • 18 states have already restricted or banned delta-8. Four more are currently reviewing its legality.

Legislation surrounding delta-8 THC in Indiana

In 2019, Indiana passed Senate Bill 516, a piece of legislation aligning state hemp laws with the federal 2018 Farm Bill and creating a legal regulatory framework for hemp cultivation and production within the state. The bill also legalized hemp-derived compounds such as delta-8 THC and delta-10 THC and removed them from the state’s list of controlled substances. 

Is medical or recreational marijuana legalized in Indiana?

No. Medical or recreational marijuana is not legal in Indiana. Marijuana is a controlled substance under Schedule I Indiana’s Controlled Substances Act, which coincides with federal law. This means marijuana purchase, distribution, and production is strictly prohibited and carries harsh penalties. 

Delta-8 THC derived from marijuana is also illegal. Under no circumstances can you purchase marijuana-derived delta-8 THC with more than 0.3% delta-9 THC. 

Related: Delta-9 vs Delta-8 THC: What’s the Difference?

Penalties and punishments for medical or recreational cannabis possession in Indiana

  • Penalties for use and possession of marijuana is a Class B misdemeanor punishable by no more than 180 days in prison and a possible fine of up to $1,000 depending on the quantity.
  • Subsequent offenses carry much harsher penalties. If caught with under 30 grams of marijuana, it’s a Class A misdemeanor punishable by up to one year in prison and a possible fine of up to $5,000. 
  • Caught with more than 30 grams? It’s a Level 6 felony punishable by between six months and two-and-a-half years in prison. Plus a fine of up to $10,000.

Is there upcoming state legislation that could legalize marijuana in Indiana?

No. There is currently no upcoming state legislation that could legalize marijuana in Indiana. Previous legislative attempts to legalize marijuana in Indiana have all but failed. 

The most recent legislative attempt was House Bill 1154 authored by State Rep. Vannessa Summers which would have legalized cannabis use in Indiana for adults over the age of 21. Unfortunately, the bill died halfway through the legislative session and never received committee hearings. 

Buying delta-8 THC in Indiana

Delta-8 THC product legally sold in Indiana

According to Indiana state law, hemp-derived products can be legally sold within the state, including delta-8 THC products. 

You can purchase delta-8 products from online vendors and through physical retail shops such as CBD dispensaries, head shops, and vape stores. You can also buy delta-8 in gas stations and convenience stores but they’re generally poor quality and can contain harmful ingredients. 

Which online delta-8 vendors ship to Indiana?

Thanks to the legalization of delta-8 on the state and federal levels, there are many vendors legally shipping hemp-derived delta-8 products such as delta 8 gummies to the state of Indiana. 

Now, before you rush ahead and start buying delta-8 products online, make sure the delta-8 vendor is legit, safe, and transparent. We’ve compiled a comprehensive list of safe, credible, and transparent delta-8 THC products that are properly vetted and tested by our team of expert reviewers. 

Which delta-8 vapes can be shipped to Indiana?

All hemp-derived delta-8 vape products can be shipped to Indiana, but not all of them are of decent quality. 

Before purchasing delta-8 vapes, make sure the lab reports show heavy metal, pesticide, and vitamin E testing. Why? Because many vape carts have shown unsafe and hazardous contaminants. 

Check out our list of the best delta-8 THC cartridges currently being shipped to Indiana.

Which delta-8 products are not legal in Indiana?

All hemp-derived delta-8 THC products are legal to use and distribute in Indiana aside from smokable hemp and delta-8 flower. 

Smokable hemp flower was banned by state lawmakers after the passing of Senate Enrolled Act 516 (SEA 516) in 2019. While the bill legalized hemp and hemp-derived compounds, it criminalized the purchase and sale of smokable hemp, causing uproar among hemp producers operating in the state.

Bag full of delta-8 THC flower sold in Indiana
Hemp flower and delta-8 flower are not legal in Indiana.

Several legislative attempts to reverse this ban on smokable hemp have yet to be successful. The most recent attempt was 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, only to be held up in the Senate and die by the end of the legislative session. 

Can you travel to Indiana with delta-8

Yes. You can travel into Indiana with delta-8 THC in your possession. Federal and state law do not prohibit the transport or travel of delta-8 THC products across state lines. 

Is delta-10 THC legal in Indiana? 

Yes. Like delta-8, hemp-derived delta-10 THC is legal and protected under state and federal law, provided it’s sourced from Farm Bill compliant hemp plants carrying no more than 0.3% THC. 

Is CBD legal in Indiana? 

Yes. CBD is legal in Indiana under state and federal law. For CBD to be legal, it must be derived from Farm Bill compliant hemp plants carrying up to the legal 0.3% THC limit. If the hemp plants carry more than 0.3%, they’re classified as marijuana, which is a controlled drug and illegal under state and federal law.

Upcoming legislation in Indiana that could change legality of delta-8 THC

There is currently no upcoming state legislation that could change hemp-derived delta-8’s legality in Indiana. However, growing pressure from the federal government and the Drug Enforcement Agency (DEA) could change this. 

Related: Where is Delta-8 Available Near Me?

In mid-2020, the DEA issued an Interim Final Rule (IFR) addressing the legality of all “synthetically-derived tetrahydrocannabinols”, claiming they belong under Schedule I of the Controlled Substances Act (CSA). 

Since hemp plants generally carry 1% delta-8 THC, producers convert it from CBD via a structural isomerization process. Structural isomerization takes CBD, alters its molecular structure using specialized biochemicals, and turns it into delta-8. 

Since chemicals are used in the conversion process, the DEA could deem this a purely synthetic process, thus classifying delta-8 as synthetically-derived. If this is the case, delta-8 is likely a federally illegal controlled substance. 

Closing thoughts: The future for delta-8 THC in Indiana

For now, delta-8 THC products are legal in Indiana, but for how long? Who knows. Pressure from the federal government and the DEA has already resulted in 18 states and Washington DC restricting or banning delta-8 products. Could Indiana follow suit? We hope not.