December 04, 2020 6 min read

A map with a push pin marking Indiana

CBD is being used all over the country for things like anxiety and insomnia, but many remain hesitant due to CBD’s legal challenges. Although hemp products have been legalized on a federal level, every state has the right to make their own laws about CBD. So, is CBD legal in Indiana—a state with a history of vetoing medical cannabis laws?

Interestingly enough, Indiana has more lenient CBD laws than some medical cannabis-friendly states, like California and Hawaii.

In Indiana, you may be able to access CBD at grocery markets, convenience stores, and online vendors, but you should make sure that products are sourced according to Indiana CBD laws:

Table of Contents
Legal Concerns About CBD
What are the CBD laws in Indiana?
Is full spectrum CBD legal in Indiana?
Does Indiana have a CBD possession limit?
Can doctors prescribe CBD in Indiana?
Where to buy CBD in Indiana?
Can you buy CBD at 18 in Indiana?
Is CBD legal in all 50 states?
Resources

Disclaimer: We’re always working to stay informed on the latest CBD 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.

Key Takeaways

  • Indiana first passed legislation to make CBD accessible only to medical patients, but now it is accessible to consumers across the state. There are various requirements, like that the product is legally sourced, properly labelled, and contains less than 0.3% THC.
  • The state also has no minimum age requirements, but it may not be easy to access CBD in stores for consumers who are under 21.
  • Doctors in Indiana may recommend CBD, but you don’t need a prescription to access it.
  • CBD may be accessible at a variety of locations in Indiana, but the state does very little to regulate quality. Certain practices, like buying CBD online and properly vetting your CBD brand, may reduce the risks of buying low-quality formulas.

Legal Concerns About CBD

It’s true that CBD gained its federal legal status in 2018. The Hemp Farming Act effectively removed industrial hemp and its natural derivatives (like cannabinoids) from the Controlled Substances Act.

But there’s a catch, and it complicates things:

Legal CBD products must come from industrial hemp.

This classification is designated to hemp material that meets a strict set of standards. The most significant is that it contains less than 0.3% THC on a dry weight basis. If CBD products are made from any cannabis strain that contains more than 0.3% THC, it is not a federally legal product.

That’s not all—

The final product must contain less than 0.3% THC, too.

That means that even if a brand starts with legal hemp material, they need to carry out careful manufacturing procedures to produce a legal end product. It’s possible for certain cannabinoids to be “concentrated” during the extraction process, leading to higher THC concentrations than in the original material. Proper manufacturing and careful testing need to be employed to avoid this issue.

Because there is very little regulation in the CBD industry, it’s important to evaluate a brand carefully before you buy. It can be hard to tell if a CBD product is made from a legal hemp source and meets the federal guidelines for legal hemp products. The best way to ensure that your CBD products are legal is by checking the third-party lab tests for cannabinoid potency.

Of course, these regulations only apply on a federal scale. You must also ensure that your products meet the standards laid out by federal guidelines and those set by your state.

Two CBD oil products that can be found in stores and online in Indiana

What are the CBD laws in Indiana?

Indiana Governor Mike Pence signed Indiana Code 15-15-13 into law in 2014, a bill that allowed the cultivation of hemp for research purposes. The bill also allocated the Office of the Indiana State Chemist and Seed Commissioner as the authority behind hemp licensing, and the office worked primarily in partnership with Purdue University to provide hemp licensing on a limited basis.

This bill only enabled hemp research but did not extend hemp-based products to consumers. Finally, in 2017, Governor Eric Holcomb signed HB 1148 into law, a bill that legalized low-THC cannabis products for patients with qualifying conditions.

The bill did not clarify how patients should access hemp-derived CBD oil, leading the way for the passage of SB 52 in 2018. With this legislature, Indiana officially legalized the use and sale of hemp-derived CBD products so long as they contain less than 0.3% THC.

The bill also laid out some regulations on CBD sold within the state, like that it must include a scannable link to third party lab tests. CBD products must also be labeled to show the potency, ingredients, batch date and size, and expiration date.

Finally, the state passed SB 516 following the passage of the 2018 Farm Bill. This legislation aligned the state’s definition of hemp with federal standards and laid out regulations for growing and inspecting hemp crops. This bill also established the Indiana Hemp Advisory Committee to bridge the gap between the hemp industry and state officials and guide future hemp laws. ‘

To date, there are no restrictions on the types of CBD products that can be bought in Indiana. Similarly to other lenient states (see Connecticut, Delaware, Virginia), Indiana allows the manufacture of a variety of different types of CBD products, including consumables.

The state has made several attempts to pass legislation that would open up a medical cannabis program, but all have failed. Currently, any CBD product containing more than 0.3% THC is classified as a cannabis product and is illegal in the state of Indiana.

Is full spectrum CBD legal in Indiana?

It’s easy to assume that CBD isolate is legal in many places since it contains no THC, but many consumers are worried that the trace amounts of THC found in full-spectrum CBD products may cause trouble in states where cannabis is illegal. Luckily, Indiana has no laws restricting full spectrum CBD products that contain 0.3% THC or less.

Does Indiana have a CBD possession limit?

To date, there are no possession limits for CBD products that meet legal guidelines. CBD products that contain over 0.3% THC may be classified as cannabis products, which are illegal in Indiana.

Can doctors prescribe CBD in Indiana?

In Indiana, you do not need a prescription to access CBD products. In fact, doctors typically cannot “prescribe” CBD products that are sold over the counter, rather they may “recommend” them. You do need a prescription to access CBD-based pharmaceuticals.

Only one CBD product has been approved by the FDA to date. This product, GW Pharmaceuticals’ Epidiolex, is designed to treat rare forms of childhood epilepsy. Aside from this product (which comes with stringent usage guidelines), many doctors are still learning about the benefits CBD. If you’re interested in the benefits of CBD, you may need to spark a conversation with your doctor.

Where to buy CBD in Indiana?

Indiana does not have strict regulations on who can sell CBD products, rather they have some regulations regarding labelling and testing standards for any CBD product sold. Still, regulations are scarce, and you may find CBD products in many places, including corner stores and grocery markets.

Although this makes CBD accessible, the lack of regulation can be risky.

Buying CBD online is a suitable option for most consumers. When you buy CBD online directly from the brand, you get better oversight of the brand’s manufacturing practices. Looking at the brand’s hemp source and lab testing procedures can help ensure that the CBD products you choose are clean, potent, and meet legal guidelines.

Buying CBD directly from a brand instead of from a third-party market may also be less costly since you won’t have to pay the extra fees that are often tacked on by the middle man. Of course, premium CBD can be expensive to manufacture, so you should also be wary of products that offer low-ball prices.

Finally, buying CBD online may be the best way to access many different types of CBD. The most common type of CBD product is an oil tincture, but you can find a variety of CBD edibles, topicals, and other specialty products when you shop online.

For more information on how to find high-quality CBD products, check out our CBD Buyer’s Guide.

Can you buy CBD at 18 in Indiana?

A selection of CBD oil products, which may be legal to buy online for consumers 18 and older.

The legal age to buy CBD is fuzzy, even when looking at federal regulations. In theory, CBD should be accessible to people of all ages, especially since it gained its popularity as a treatment for various childhood illnesses. Of course, some products may not be suitable for people of all ages, like smokable hemp flower or CBD vaporizers.

In Indiana, there are no statewide regulations regarding the legal age to buy CBD. Instead, these laws may vary by jurisdiction and are more heavily impacted by CBD vendors. Since the legal age for tobacco products has been raised to 21, many smoke shops may require users to be 21 to purchase CBD.

Many CBD brands allow customers who are 18 or older to order online and will ship legal CBD products to Indiana.

Is CBD legal in all 50 states?

Thanks to federal updates, CBD has the potential to be legal in every U.S. state. CBD is legal in Indiana, but every state has different regulations regarding the manufacture and sale of CBD. Click here to find out where CBD is legal.

Resources

  1. “H.R.5485 - Hemp Farming Act of 2018” https://www.congress.gov/bill/115th-congress/house-bill/5485
  2. “IC 15-15-13” https://www.oisc.purdue.edu/seed/pdf/15-15-13.pdf
  3. “House Bill 1148” http://iga.in.gov/legislative/2017/bills/house/1148
  4. “Senate Bill 516” http://iga.in.gov/legislative/2019/bills/senate/516/
  5. “House Bill 1487” http://iga.in.gov/legislative/2015/bills/house/1487

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