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Delta 8 THC in Indiana: Is It Legal?

With Delta 8 THC still being relatively new to most people, it is common to wonder where it is legal. You may be asking whether it is legal in Indiana.

The quick answer is yes. Delta 8 THC is legal in Indiana.

There are plenty of additional details on its legality in Indiana if you want to discover what laws let you legally enjoy Delta 8 THC in the state.


It Is Legal at the Federal Level

The first consideration when it comes to the legality of Delta 8 THC is the federal law. The specific rule in question is the 2018 Farm Bill. This bill makes Delta 8 THC federally legal for the same reasons that CBD is.

The most important aspect of the Farm Bill is that hemp-derived products are legal. Legally, hemp does not have a (delta-9) THC content of more than 0.3%.

This means that as long as your Delta 8 THC product does not contain more than that limit of delta-9 THC, it is legal at the federal level.

What About the Update in Late 2020?

There was an update to the DEA’s rules in fall 2020 that had many people concerned that it made Delta 8 THC illegal. Taking a closer look at the update, however, shows that this is not the case. The DEA described the update as simply clarifying the language in the 2018 Farm Bill, and it only had four minor changes. Two of those changes affect Epidiolex, and one clarified the definition of a “marijuana extract,” specifically that the 0.3% limit of delta-9 THC applies to the dry weight.

The one that had Delta 8 THC enthusiasts concerned was about the definition of “tetrahydrocannabinols” within the Schedule I classification of drugs. This simply clarified that even hemp-derived products are controlled if they have more than that 0.3% limit of delta-9 THC.

The most important part for Delta 8 THC was the following. It also clarified that any synthetically-derived THC is controlled, even with less than the legal limit of 0.3% delta-9 THC. In contrast, those that are naturally occurring are not controlled unless they pass the limit.

The important part here is that Delta 8 THC is naturally occurring. It exists in cannabis and hemp naturally. Even though it comes in low quantities, it still appears naturally. Because this natural version is present in Delta 8 THC products, it is perfectly legal under the 2018 Farm Bill, and recent clarifications provided it has less than 0.3% delta-9 THC.


The Relevant Laws in Indiana

In addition to the federal law that makes Delta 8 THC legal, Indiana laws also legalize it. This comes via State Enrolled Act No. 516 and Article 48 on Controlled Substances.


State Enrolled Act No. 516

The first of these clarifies the definition of hemp. That definition follows the federal definition in that “hemp” refers to any part of the Cannabis sativa L. that does not exceed 0.3% delta-9 THC by dry weight. The law specifically mentions cannabinoids, extracts, and derivatives and “hemp.” Further, the law defines “hemp products” as products from “hemp.” This law essentially confirms that in Indiana, Delta 8 THC counts as hemp, not cannabis.


Article 48 on Controlled Substances

This article defines “marijuana” in IC 5-48-1-19 in a way that does not include Delta 8 THC or other substances that qualify as hemp. In IC 35-48-2 Chapter 2, called “Classification of Drugs,” the law defines tetrahydrocannabinols as synthetic substances, which Delta 8 THC is not.

Those laws, both at the state and federal levels, make Delta 8 THC legal in Indiana, as long as it has less than 0.3% delta-9 THC

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