Delta 8 THC is a cannabinoid found in the hemp plant and is expanding rapidly in popularity nationwide with promising applications in both the medical field and recreational use. While Delta 8 THC might feature familiar chemical properties to Delta 9 THC, the main intoxicating chemical found in common marijuana, it does have a completely different effect on its users and generally less potency.
But is Delta 8 THC legal in Indiana?
Related article: What is Delta 8 THC?
Yes, Delta 8 THC is legal in Indiana
As of 09/22/2021, Delta 8 THC is legal according to Indiana state law. Like the federal law, Indiana has legalized all derivatives, cannabinoids, and isomers of hemp including all tetrahydrocannabinols other than Delta 9 THC.
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Here are the laws:
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.
Cannabis Policy in Indiana
As Marijuana Policy Reform is sweeping through the Midwest, with both Michigan and Illinois having legalized marijuana for adult recreational use, and Ohio offering a comprehensive medical marijuana, where does Indiana stand on marijuana?
Unfortunately to those campaigning for marijuana in Indiana, the state continues to be slow to the draw with marijuana policy reform, and is still considered one of the, if not the, hardest state on marijuana. Under current law, even possession of a single joint can be punishable by up to one year incarceration.
If you want to see the change, communicate with your local lawmakers to see decriminalization in 2021.
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