The 2018 Farm Bill legalized hemp-derived THC products nationally, so long as they meet the established definition of “hemp.” However, while nearly 80% of states have legalized cannabis medically or recreationally, Indiana is among the last hold-outs of draconian cannabis laws. So, is delta-9 legal in Indiana?
Essentially, federal law permits individuals to purchase and use delta-9 THC products with no more than 0.3% THC per dry weight and that come from legal hemp plants. In Indiana, Senate Bill 52 aligned state law with national regulations, permitting CBD products if they contain less than the federally legal amount of THC per dry weight. Otherwise, state law bans delta-9 THC products with rather hefty fines and penalties.
Read everything you need to know about Indiana’s marijuana laws and what the regulations say about delta-9 THC.
- Cannabis products not sourced from hemp are illegal in Indiana.
- Delta-9 THC is federally legal and legal in Indiana if the product comes from hemp and features no more than 0.3% THC.
- Hemp-derived delta-9 THC and delta-9 THC sourced from marijuana are the same cannabinoid.
What is Delta 9?
Delta-9 THC, often called THC, is the most densely found cannabinoid in cannabis plants, including hemp and marijuana varieties. THC acts on the body’s endocannabinoid system and is responsible for most of the intoxicating effects we associate with cannabis. Certain types or strains of cannabis contain more or less THC than others, making them more or less potent and intoxicating.
The hemp plant differs from other cannabis varieties due to its much lower levels of naturally occurring delta-9 THC. Legally speaking, the U.S. Department of Agriculture (USDA) allows cultivators to grow hemp as long as it contains no more than 0.3% THC per dry weight.
Both hemp and marijuana are cannabis and produce THC; the main difference lies in how the law defines it and how much THC is present in the product or plant.
Hemp-Derived Delta-9 vs. Cannabis-Derived THC
Hemp and cannabis-derived delta-9 THC differ only in their source material and what the law says is allowed. Most national manufacturers extract delta-9 THC from industrial hemp instead of cannabis plants, due to the latter’s status as a Schedule I controlled substance.
Chemically, delta-9 THC is the same regardless of where it’s sourced from. In high enough levels, THC from hemp plants produces the same intoxication that cannabis-derived delta-9 does, which any consumers desire. Most delta-9 products come in the following forms:
- Smokable Flower
- Portable vaporizers or vape cartridges
- Infused edibles, such as gummies or brownies
- Extracted concentrates, such as live resin
- Tinctures and oils
- Topicals, such as lotions or balms
Indiana, however, is very strict in its cannabis laws and does not allow higher potency products that exceed the permitted 0.3% THC per dry weight. Still, the phrase “per dry weight” is tricky, as Indiana and federal law don’t specify guidance for products such as oils or edibles. As such, some manufacturers use these loopholes to create higher potency THC products from hemp, similar in potency to those found in legalized states’ retailers. While they’re technically in a gray area, use your best judgment when evaluating these products.
Is Delta-9 Legal in Indiana?
All delta-9 cannabis is illegal in Indiana, except for what legally meets the definition of hemp. Products sourced from and that contain less than 0.3% THC per dry weight are permitted both nationwide and in Indiana, per Senate Bill 52.
Indiana Marijuana Laws
Compared to the rest of the country, Indiana is considered one of the strictest states on cannabis. Several laws have been introduced to try and legalize medical marijuana, but none have made it past the legislature. Only high-CBD products or products legally meeting the definition of hemp are allowed in Indiana.
Violations of Indiana’s cannabis laws carry strict punishments. The first possession offense of any amount is considered a misdemeanor, punishable by up to 180 days in incarceration and fines up to $1,000. Subsequent possession penalties turn into felonies, which can be increasingly punished by up to 2 ½ years in prison and $10,000 in fines. Violating cultivation or sale laws results in much harsher penalties.
Where to Buy Delta-9 in Indiana
Those searching for hemp-derived delta-9 products in Indiana will usually have good luck browsing health food stores or pharmacy chains, such as Whole Foods or CVS. Many consumers point to delta-9 hemp products as a successful way to manage stress, soothe mild aches and pains, and relax at the day’s end.
Higher-potency marijuana products are currently unavailable in Indiana, as both recreational and medical cannabis are illegal.
Our EVN online store provides a collection of legal, hemp-derived delta–9 THC and other CBD options for those who prefer online shopping. We ship to all 50 states, including Indiana, and provide various options to address a wide range of delta-9 needs.
Disclaimer: This article was last updated in April 2023 and reflects federal and state legal information as of this date. Cannabis laws in the U.S. are continually shifting; therefore, the information in this article is subject to change. The information in this article does not constitute legal advice, and no entity at EVN-CBD is claiming to provide legal advice. Please visit your official state website for more information on your state’s cannabis laws and regulations.