Unlike other states that have adopted new laws, Indiana considers possession of cannabis or products containing delta 9 THC a misdemeanor.
However, delta 8 THC isn’t mentioned anywhere in these regulations, nor does the state say that all forms of THC are illegal. Because of this, cannabis legal experts interpret these laws to suggest delta 8 THC is legal in the state of Indiana.
Here, we’ll explore the laws surrounding delta 8 THC in the state of Indiana in greater detail. We’ll also cover some tips on choosing the best delta 8 THC products for you.
IS DELTA 8 THC LEGAL IN INDIANA?
Yes, delta 8 THC is legal in Indiana.
The legal status of delta 8 for many states is pretty confusing. It’s legal on the federal level, where the Farm Bill that was introduced in 2018 makes it explicitly clear that any cannabinoids derived from the hemp plant are legal.
However, the DEA or Drug Enforcement Agency promoted a change in the rule that classified all cannabinoids derived synthetically as illegal substances. The big question here is whether delta 8 THC is considered synthetically-derived, or not.
Most legal experts agree delta 8 THC can’t be classified as “synthetic” because it’s found in nature without any human intervention. The methods used to derive delta 8 from hemp simply leverage naturally occurring processes by creating the ideal environment for his conversion to take place.
This makes delta 8 legal on a federal level, but what about on the local state level?
Like most US states, there’s no mention of delta 8 THC in the Indiana legislature in any context. This is common because delta 8 THC only became popular in 2020 and was seldom discussed prior to this.
Some states include laws that prohibit all forms of THC using the language “tetrahydrocannabinol.” This would include delta 8 THC.
There’s no mention of this in Indiana, and the only form of THC mentioned is delta 9 THC. In fact, these laws are very specific to the D9 isomer.
This essentially means that delta 8 THC is legal in the state as long as it isn’t made from marijuana or contains more than the legal limit of 0.3% delta 9 THC.