The Legalities of CBD in Indiana

CBD is a substance known formally as cannabidiol that is extracted from marijuana and hemp plants. CBD is not intoxicating, meaning it has no psychoactive properties whatsoever, but it does “exhibit potential beneficial effects in a wide range of disease” according to studies conducted by the NIH. Thus, it is mainly infused into products claiming a variety of medicinal benefits, many of which are still the subject of research. However, given the continuing illegality of marijuana and THC-infused products in Indiana, is CBD legal to purchase in the state?

Yes and no. CBD products are illegal in Indiana if they are extracted from marijuana plants or if they contain more than .3% THC by weight. These requirements mirror current federal law. However, the passage of the 2018 Farm Bill by Congress legalized CBD that is extracted from hemp and has less than .3% THC by weight. Indiana law has followed this standard as well, staying identical to federal law on the matter. Therefore, the CBD oil that is sold in most convenience stores is perfectly legal, and it may offer health benefits, but it will not intoxicate you.

Additionally, CBD products in Indiana must adhere to strict packaging requirements. One of these requirements is that the packaging must include a bar code or QR code that links to a document containing various information with respect to the manufacture of the product. This information includes:

• Batch identification number;
• Product name; Batch date; expiration date, which must not be more than two (2) years from the date of manufacture;
• Batch size;
• Total quantity produced;
• Ingredients used; and
• A download link for a certificate of analysis for the low THC hemp extract.

It is important to remember that marijuana and all marijuana-derived products are still illegal in Indiana and federally. Additionally, the home-production of CBD items is illegal in Indiana.

Due to the ever-changing legal landscape for hemp-related products, both retailers and consumers should continue to keep themselves informed. If you have any questions about the laws surrounding selling or buying CBD, please give the attorneys at McNeelyLaw LLP a call today!

This McNeelyLaw LLP publication should not be construed as legal advice or legal opinion of any specific facts or circumstances. The contents are intended for general informational purposes only, and you are urged to consult your own lawyer on any specific legal questions you may have concerning your situation.