February 19, 2021 6 min read

Federal hemp laws are secure, but every state has a different idea about how hemp (and subsequently its cannabinoids) should be regulated. A new, mildly-psychoactive cannabinoid is gaining traction in the Midwest, but is Delta-8-THC legal in Indiana?

Luckily, Indiana hemp laws define hemp similarly to the federal definition laid out in the 2018 Farm Bill. The state has also made a clear separation between marijuana and hemp products in their Controlled Substances Act.

Therefore, yes! Delta-8 is legal in Indiana.

Here’s the gist of Indiana’s Delta-8 laws:

Looking for legal Delta-8-THC you can buy in Indiana? Check out our Elev8 Collection.

Disclaimer: We’re always working to stay informed on the latest Delta-8 laws and research. However, state laws are subject to change and we advise that you do your own research to verify the information you find in this article. This is not intended as legal advice.

Delta-8 Indiana Laws

Indiana Delta-8-THC Laws
Is Delta-8 a Controlled Substance in Indiana?
Delta-8-THC Possession Limits in Indiana
Is Delta-9-THC Legal in Indiana?
Where to Buy Delta-8 in Indiana
Do You Have to Be 21 to Buy Delta-8?
Is Delta-8 Legal in All 50 States?
Resources

Key Takeaways

  • Delta-8 is a cannabinoid derived from legal hemp, and is therefore legal according to federal legislation.
  • Indiana has legalized hemp and all hemp derivatives, meaning that Delta-8 derived from legal hemp material is legal in the state.
  • To ensure that the Delta-8 you purchase is legal, you have to ensure that it is made from legal hemp by a licensed grower.
  • You generally need to be at least 21 years old to purchase Delta-8-THC products made from hemp. You can find it at a limited number of stores in Indiana, but you can also buy legal Delta-8 online and have it shipped directly to your door.

Indiana Delta 8 THC Laws

Likely influenced by neighboring states Illinois and Ohio, Indiana passed hemp laws that simultaneously legalized hemp and CBD alongside Delta-8 shortly after the 2018 Farm Bill passed into federal law. The state defines hemp according to the federal definition, providing protections for hemp-derived extracts, cannabinoids, isomers, and all other derivatives.

Further, Indiana amended their Controlled Substances Act to remove “industrial hemp (as defined by IC 15-15-13-6)” from their definition of “marijuana,” which is listed as a controlled substance in the state.

Indiana Delta-8 State Legislation:

SENATE ENROLLED ACT NO. 516

SECTION 6. IC15-15-13-6

“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.

SECTION 7. IC15-15-13-6.5

“Hemp product” means a product derived from, or made by, processing hemp plants or plant parts including derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers. However, the term does not include:

(1) smokable hemp (as defined by IC35-48-1-26.6); or

(2) products that contain a total delta-9-tetrahydrocannabinol concentration of more than three-tenths of one percent (0.3%) by weight.

ARTICLE 48. CONTROLLED SUBSTANCES

IC 35-48-1-19 “Marijuana”

Sec. 19. (a) “Marijuana” means any part of the plant genus Cannabis whether growing or not; the seeds thereof; the resin extracted from any part of the plant, including hashish and hash oil; any compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin.

(b) The term does not include:

(1) the mature stalks of the plant;

(2) fiber produced from the stalks;

(3) oil or cake made from the seeds of the plant;

(4) any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom);

(5) the sterilized seed of the plant which is incapable of germination; or

(6) industrial hemp (as defined by IC 15-15-13-6).

As added by P.L.5-1988, SEC.199. Amended by P.L.165-2014, SEC.3.

IC 35-48-2 Chapter 2. Classification of Drugs

(d) Hallucinogenic substances. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following hallucinogenic, psychedelic, or psychogenic substances, their salts, isomers, and salts of isomers whenever the existence of these salts, isomers, and salts of isomers is possible within the specific chemical designation (for purposes of this subsection only, the term “isomer” includes the optical, position, and geometric isomers):

(31) Tetrahydrocannabinols (7370), including synthetic equivalents of the substances contained in the plant, or in the resinous extractives of Cannabis, sp. and synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity such as:

(A) π1 cis or trans tetrahydrocannabinol, and their optical isomers;

(B) π6 cis or trans tetrahydrocannabinol, and their optical isomers; and

(C) π3,4 cis or trans tetrahydrocannabinol, and their optical isomers.

Since nomenclature of these substances is not internationally standardized, compounds of these structures, regardless of numerical designation of atomic positions are covered. Other name: THC.

Two flowering hemp plant, the main source of legal Delta-8 in Indiana.

Is Delta-8 a Controlled Substance in Indiana?

Indiana legalized hemp and all natural hemp material according to the definitions laid out by federal laws. This wording includes protection for all hemp derivatives, cannabinoids, salts, extracts, and isomers, like Delta-8. Furthermore, Indiana provided a specific exception with their Controlled Substances Act for any substance that meets the legal definition for hemp.

Therefore, Delta-8-THC derived from legal hemp material is not considered a controlled substance in Indiana.

Delta 8 THC Possession Limits in Indiana

Indiana law does not specifically mention Delta-8 or apply any possession limits to legal hemp material. There are no possession limits for Delta-8-THC in Indiana.

Still, Delta-8 could be easily confused for Delta-9 THC by authorities without proper documentation and lab testing.

Basic lab testing checks only for tetrahydrocannabinol, meaning that extensive lab tests are needed to differentiate between Delta-8 content and Delta-9 content when proof of legal possession is needed.

Is Cannabis (Delta 9 THC) Legal in Indiana?

No. Cannabis is prohibited for both recreational and medicinal purposes in the state of Indiana. Indiana has notoriously strict cannabis laws. Possession of up to an ounce is a misdemeanor that can result in fines up to $1,000 and up to 180 days of incarceration. Possession of more than an ounce is a felony with much more serious penalties.

Where to Buy Delta 8 in Indiana?

Delta-8-THC vapes, a popular product found in Indiana stores and online.

According to state hemp laws, legal hemp products can be sold in the state so long as it is produced by a licensed grower and in accordance with the state’s USDA hemp plan. If you’re looking to buy Delta-8-THC in Indiana, you may be in luck!

Still, it’s advisable to proceed with caution when choosing a Delta-8 distributor. While you can likely find various hemp products in local stores, there may be benefits to buying Delta-8 online. One reason is that you can buy directly from a brand or manufacturer, instead of purchasing through a third-party vendor that may not fully understand Delta-8 effects and uses or the laws surrounding Delta-8 products.

Is it Legal to Buy Delta-8-THC Online?

At Vida Optima, our Delta-8-THC products comply with all parameters of the Hemp Farming Act of 2018. That means you can legally buy it online from any area where Delta-8 is legal.

We can also help answer questions about Delta-8 before you buy, or you can read our “What is Delta-8-THC?” guide to learn everything you need to know.

How Old Do You Have to Be to Buy Delta 8 in Indiana?

There are no state regulations that place age restrictions on the purchase of hemp-derived products. Retailers have the right to determine age limits for the purchase of Delta-8 products, but many retailers require consumers to be at least 21 years of age.

Is Delta-8-THC Legal by Federal Law?

Yes! According to the Hemp Farming Act of 2018, hemp and all of its derivatives, cannabinoids, isomers, and extracts that contain less than 0.3% Delta-9-THC are federally legal.

Is Delta 8 Legal in All 50 States?

Delta-8-THC is currently federally legal under the context of the Hemp Farming Act of 2018, but each state has the right to determine its own stance on tetrahydrocannabinols derived from hemp. Delta-8-THC is legal in Indiana according to state law, but you should read more about Delta-8 laws by state to determine the legality in other areas.

Ready to shop for Delta-8 in Indiana? Our Elev8 collection includes edibles, tinctures, vapes, and more that are Farm Bill compliant and legal in the U.S.

Vida Optima Elev8 Caramels

Resources

  1. “H.R.5485 - Hemp Farming Act of 2018” https://www.congress.gov/bill/115th-congress/house-bill/5485
  2. “Drug Fact Sheet: K2/Spice” https://www.dea.gov/sites/default/files/2020-06/K2-spice-2020.pdf
  3. “MARINOL” https://www.accessdata.fda.gov/drugsatfda_docs/label/2006/018651s025s026lbl.pdf
  4. “SB516” https://trackbill.com/bill/indiana-senate-bill-516-regulation-of-hemp/1628740/
  5. “Article 48 Controlled Substances” http://iga.in.gov/legislative/laws/2017/ic/titles/035#35-31.5-2-195
  6. “Indiana’s marijuana laws among the harshest in the nation” https://www.mpp.org/states/indiana/

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