Known for Larry Bird, the Hoosiers, and the Indianapolis 500, Indiana is also a hotbed of marijuana activity. People across the state love cannabis. However, cannabinoids like delta 8 have turned the legal marijuana market on its head and sent shockwaves throughout political circles. Since the federal government legalized hemp a few years ago, the demand for hemp-derived cannabinoids like delta 8 has only grown in the Hoosier State. But it has also created the delta 8 Indiana issue, leading everyone to want to know the answer to one question: is delta 8 legal in Indiana?
Recently, legislators examined Indiana's advantages and shortcomings of legalizing certain cannabinoids. At a hearing held in September 2022, various interest groups, including veterans groups supporting legalization, presented research showing the benefits of legal cannabis (and legal delta 8). The hearing was short, with lawmakers promising to continue the conversation later.
Furthermore, while the hearing focused mainly on Delta-8, the testimony presented centered around cannabis. Currently, three of the states neighboring Indiana allow legal marijuana.
Delta 8 is federally legal, but is it legal in Indiana? It is rapidly growing in popularity thanks to the introduction and passage of the Farm Bill in 2018. But what about delta 8 in Indiana? If you live in the Hoosier State, the state where the first gas pump was invented (it is true, just look it up! ), what of the delta 8 Indiana issue?
Is delta 8 legal in Larry Bird's hometown? We will examine how delta 8 is legal in Indiana, where to find the best delta 8 products, and how it affects medicinal marijuana.
Is Delta 8 Legal in Indiana?
The first step towards understanding the Hoosier State’s cannabis laws is to examine the federal legislation that legalized hemp — the 2018 version of the Farm Bill. Congress passed that law in 2018, which by default, also legalized any cannabinoids derived from hemp — CBD, delta 8, delta 9, delta 10, HHC, THCP, CBDV, and more. Is delta 8 legal in Indiana?
The bill itself contained two very critical details.
First, there is the law officially separating hemp from marijuana plants. Technically, the two plants are both forms of cannabis with little or no differences, at least from a scientific perspective. However, according to the United States government and all intervening agencies, hemp and marijuana are two different plants. Why?
- Hemp plants contain 0.3% THC or less.
- Marijuana plants have 0.3% THC or more.
So, hemp is legal, but cannabis is not. Hemp-derived products that do not contain more than 0.3% THC are legal too. Whether or not Congress was aware of this at the time is up for debate, but the industry is moving forward at a pretty robust and steady pace.
Still, some state and local politicians have rung the alarm bell. Individual states can and have passed laws restricting compounds such as delta 8. Delta 8 may be legal federally, but it is illegal in New York State. Conversely, marijuana is illegal federally but can be sold in California. Isn’t the Constitution remarkable?
Even in Indiana, State Sens Michael Young and Liz Brown attempted during the 2022 legislative session to make delta 8 products illegal. The bill never made it anywhere because of concerns it would end up restricting CBD.
So, is delta 8 legal in Indiana? How do we understand the delta 8 Indiana issue?
In Indiana, Delta 8 THC was legalized following the Farm Bill. Delta 8 THC is legal in Indiana. State lawmakers in the Indiana Senate passed Senate Bill 516 back in 2019. The legislation aligned state hemp laws with the federal 2018 law, legalizing hemp and creating a pathway for hemp producers to set up shop in the state. The bill also legalized compounds like delta 8n and delta 10, removing them from Indiana's list of controlled substances.
It is legal in Indiana to purchase, consume, and produce delta-8 THC under state and federal law. Smoke and vape shops throughout the Hoosier State sell delta 8 (though you will be best off purchasing it online). There are, however, some restrictions regarding delta 8 in Indiana, making it, so it is not entirely legal. Some of the following restrictions apply to delta 8 in Indiana:
- Hemp flower is illegal in Indiana.
- Delta 8 flower is illegal in Indiana.
- Users can cross Indiana state lines with delta 8 products.
Recent legislative hearings in the state were set up to debate the legality of flower products. For now, though, delta 8, in many, but not all forms, is legal in Indiana. Moreover, whether or not delta 8 itself remains legal at the federal level is always a concern.
Shipping Delta 8 Products to and From Indiana
If you are looking to bring in some of your favorite brands of delta 8 to Indiana, have no fear! There are no restrictions on manufacturers and retailers shipping delta 8 to Indiana. The Hoosier State permits anyone to ship all kinds of Delta 8 products. Why? Well, the reason is simple — Delta 8 is legal.
Can you ship delta 8 to Indiana? Although several sources say the delta 8 scene in the state is lacking, you can send it there. Furthermore, getting delta 8 from a reputable online retailer is the simplest and safest way. Online retailers typically offer consumers a more extensive selection and better prices. You can get your delta 8 delivered directly to your door, giving you a better opportunity to purchase more premium, high-quality products.
However, why should anyone buy online? First and foremost, the product selection at online stores is usually more extensive. Local vape or smoke shops only have a few products from which you can choose. Shopping from home is also more convenient.
Better still, it is easier to shop online because online vendors offer greater transparency. With an online vendor, there are ingredient lists and third-party lab tests. Plus, you can reach out to online sellers at any time.
Nevertheless, that does not mean all brick-and-mortar stores are bad. Indiana has a few standouts! Our next step is to look at a few of Indiana's best delta 8 stores. Finding a high-quality store that sells delta 8 products is complex, but it's not impossible either.
Delta 8 in Indiana
In Indiana, Delta 8 is as popular as ever. People across the state are jumping at the chance to enjoy federally legal cannabinoids with a buzz. With the legalization of hemp-derived delta 8, vape stores, smoke shops, and other retailers are seeing a boost in business. Moreover, legal delta 8 is giving legal cannabis a run for its money!
You won't be arrested for delta 8 in the state (at least, you should not be). No district attorney in Indiana will throw the book at you for a delta 8 vape. Plus, anyone can take Delta 8 across state lines under federal law. Still, it is always a good idea to be sensible. Do not flaunt your use.
There are still some states which have banned D8. Furthermore, there are still law enforcement officers who may get a little overzealous. You will not go to prison, but you may spend the night in jail — not because it is illegal, but because the officer does not know the law. Furthermore, as we noted, flower products are illegal.
As of now, Indiana has no plans to restrict or ban delta 8 derived from hemp.
If you live in Indiana, where should you get your D8? After all, every Delta 8 isn't the same. It is best and safest to buy hemp-derived cannabinoids online, but there are some premium products in the Buckeye State you can buy locally.
What is the best way to find the right stores and products? Here is our guide:
Things to Consider When Buying Delta 8 in Indiana
There are no regulations for Delta 8 — or any other agency for that matter — since the Food and Drug Administration does not govern most hemp-derived cannabinoids. The Farm Bill mandates that these products have a THC content of less than 0.3%. Consequently, many of the best retailers (primarily online ones) have also begun regulating themselves.
Staying alert in these situations is essential. You should know what might harm you and what might not so that you can be on the lookout for a good delta 8 retailer in Indiana. So how do you choose a good delta 8 retailer and product that suits you?
There are four things you need to know:
- Understand Your Hemp
- Understand Hemp Extraction
- Understand Hemp Lab Reports
- Understand Why Hemp & Bleach Don’t Mix
Let’s take a look at all four.
Understand Your Hemp
Do you understand your hemp and how it was cultivated? Where was your hemp grown? Delta 8 products should only be made from premium industrial hemp. Of course, legally-derived cannabinoids must come from hemp (not cannabis), but some shady dealers might sneak it into their stores. That is good for business or course but bad for your health. No one should buy a product that does not match the label.
Do not deal with a retailer that is not on the up-and-up. Even if the price is too reasonable to pass up — pass it up.
Hemp absorbs everything, including both nutrients and poisons. You want a retailer who uses the following:
- Organic hemp
- Non-GMO hemp
- USA-grown hemp
- Pesticides-free hemp
- Chemical-free hemp
If your retailer can't produce this, go somewhere else.
Understand Hemp Extraction
Delta 8 is only found in small amounts in hemp plants, so understanding extraction methods is vital to buy a decent product. Do you know how your retailer extracted your hemp? What's your retailer's process?
Industrial hemp needs to be separated from the rest of the plant after it has been harvested. There are many ways to extract the delta 8 compound, but CO2 extraction is the gold standard. It's costly, but it is also one of the cleanest methods. CO2 extractions use no chemicals or solvents.
When you use CO2 extraction, you get delta 8 and other cannabinoids from the cannabis plant by pressurizing carbon dioxide. After releasing pressure, CO2 returns to its gaseous state, leaving only the compounds you want. Of course, extraction is only the beginning because you need an honest dealer too.
Understand Hemp Lab Reports
No hemp or delta 8 products are worth buying without a lab report. For this, transparency is crucial — what's in the bottle? You should run if a retailer did not give you a list of ingredients and lab reports. Delta 8 is not regulated, so manufacturers and retailers must work on the honor system.
With so many fly-by-night operations looking to make a quick buck, accurate lab tests are in short supply. These products aren't the best quality - and that's a mild statement. Low-quality products come and go before anyone notices.
Find a retailer dedicated to being transparent and committed to safety. You want lab reports, ingredient lists, COAs, and more.
Getting a good brand of delta 8 oil that undergoes third-party laboratory testing is essential. The best retailers use certified labs to analyze delta 8 for potency, impurities, heavy metals, and more.
Understand Why Hemp & Bleach Don’t Mix
A lot of manufacturers bleach distillate products to make them look cleaner. Hemp distillate is not transparent. It is usually yellowish or pinkish. Consumers don't like off-color products. Nevertheless, in this case, it's okay with off-color.
Stay away from anything that looks like Crystal Clear Pepsi or Crystal Clear Pepsi.
Bleaching delta 8 products is extremely dangerous. The process places impure chemicals in products. As a result, bleaching delta 8 products is one of the most dangerous things you can do.
Indiana Cannabis Market Grows with Delta 8 & Medical Marijuana
No doubt marijuana is a fast-growing market, and society's feelings are changing too. In October 2022, President Joe Biden announced that he would pardon anyone convicted of committing felony cannabis possession while pressuring states to do the same. He also said he would work to re-schedule marijuana from a Schedule I drug.
The medical marijuana market is proliferating across the country. Many states recognize the potential of cannabis to help in many different ways. Thirty-nine states and the District of Columbia have legalized medical marijuana. But not everyone can obtain it. Most states require consumers to go through many hoops to receive a medical marijuana card. On the other hand, many states make consumers go through many hoops to obtain a medical marijuana card.
Even states that have legalized recreational marijuana impose heavy restrictions on it, which is not the case in Indiana, where the medical cannabis industry is growing at an unprecedented rate, paving the way for its widespread use.
Indiana Medical Cannabis Laws
Unfortunately for Larry Bird, Indiana is one of only 13 states with no medical cannabis law on the books. Worse still, it's one of only 19 states that still prosecute possession of weed harshly. In Indiana, you can go to jail for possession. Meanwhile, the states surrounding Indiana have gotten much more progressive regarding marijuana.
Michigan and Illinois, neighbors to the north and west, respectively, have legalized recreational marijuana. Ohio has a medical cannabis program.
Still, it's not for lack of effort. Lawmakers attempted to advance no less than 13 pieces of legislation in 2022, including laws that decriminalize cannabis and set up medical cannabis programs. None of them gained any momentum. Here's a look at the legislation that was on the table in Indiana in 2022:
|
Bill |
Purpose |
Sponsor |
Status |
|---|---|---|---|
|
Legalization of cannabis |
Sen. Eddie Melton, D-Gary |
First read, referred to Committee on Commerce and Technology |
|
|
|
Cannabis legalization |
Sen. David Niezgodski, D-South Bend; Sen. Eddie Melton, D-Gary |
First read, referred to Committee on Commerce and Technology |
|
|
Cannabis legalization |
Rep. Cindy Ziemke, R-Batesville |
First read, referred to Committee on Courts and Criminal Code |
|
|
Decriminalization of marijuana |
Rep. Heath VanNatter, R-Frankfort |
First read, referred to the Committee on Courts and Criminal Code |
|
Partial marijuana decriminalization
|
Rep. Zach Payne, R-Jeffersonville |
First read, referred to Committee on Courts and Criminal Code |
|
|
|
Medical cannabis |
Sen. J.D. Ford, D-Indianapolis |
First read, referred to Committee on Commerce and Technology |
|
|
Medical marijuana |
Sen. Greg Taylor, D-Indianapolis |
First read, referred to Committee on Commerce and Technology |
|
|
Medical marijuana |
Rep. Jim Lucas, R-Seymour |
First read, referred to Committee on Public Health |
|
|
Medical and adult use of cannabis |
Rep. Jake Teshka, R-South Bend |
First read, referred to Committee on Public Health |
|
Study the legalization of recreational marijuana |
Rep. Terri Jo Austin, D-Anderson |
First reading, referred to Committee on Public Policy |
|
|
Cannabis regulation
|
Sen. Rodney Pol, D-Gary |
First read, referred to Committee on Commerce and Technology |
|
|
|
Cannabis regulation |
Rep. Sue Errington, D-Muncie |
First read, referred to Committee on Agriculture and Rural Development |
|
Marijuana offenses
|
Sen. Rodney Pol, D-Gary |
First read, referred to Committee on Corrections and Criminal Law |
Increasingly, states accept cannabis benefits for medical and recreational use and reflect that in their laws, yet Indiana lags. It's a big reason why cannabinoids like delta 8 have found such a large consumer base.
Indiana Medical Cannabis vs. Delta 8
There's no active legislation in the state to change the status of medical cannabis in Indiana right now, though, with all of the legislation on the table, it might be coming to the Hoosier State soon.
The lack of any type of cannabis — medical or recreational — makes delta 8 a real threat. The product is already popular in the state, you don't need a card or prescription to buy it, and most importantly, it's legal. All you need is a valid ID. Easy-peasy! Consumers want safe, legal cannabinoids, and delta 8 is the only choice in Indiana.
As with any other state, even when medical cannabis does arrive in Indiana, it may be a hassle. You'll have to go through a series of steps to get a medicinal cannabis card. You'll need a qualifying condition, a prescription from a doctor, and more. Delta 8 is almost identical to THC, so it's the obvious choice for many.
Where to Find Delta 8 in Indiana
Now that you know a little about delta 8 in Indiana and the cannabis scene in the state, you're probably wondering where to buy some sweet delta 8 disposable vapes or delta 8 gummies. As noted previously, the best place to purchase cannabinoids is always online. Online retailers provide more transparency, better quality, and better service. But Indiana has some standout retail shops.
So, where can you get some delta 8 in the Hoosier State? Now that you know what to look for and what to avoid let's take a look at where to buy. Here's the best of the best in the Hoosier State:
Indianapolis, IN | Indy CBD Plus | 4.8 Stars
Indy CBD Plus offers quality cannabinoid products and top-notch service. When the Colts play, and you're in Indianapolis, head to Indy CBD Plus with its knowledgeable staff and a vast selection of delta 8 products. They do local delivery as well! It's a must-see for anyone passing through Indianapolis.
Fort Wayne, IN | CBD Store of Fort Wayne | 4.8 Stars
This establishment has gummies, chocolates, tinctures, topicals, capsules, concentrates, drinks, bath & body, pet products, beauty products, and vapes, all made from top-quality cannabinoids. It's a great place for newbies (and repeat customers) because the staff is super friendly, and the atmosphere is super welcoming.
Bloomington, IN | Bell Family Dispensary | 4.9 Stars
There's no doubt that the Bell Family Dispensary is a favorite among Bloomington locals, who highly recommend it. You'll get comprehensive customer service from the friendly staff in this delta 8 store. Plus, they'll ship you stuff too!
Always remember to check for ingredients and lab reports!
Are Other Hemp-Derived Cannabinoids Legal in Indiana?
Delta 8 is legal in Indiana — as long as it's manufactured from hemp. But what about other cannabinoids? Are compounds like delta-10-tetrahydrocannabinol (delta 10) legal? What about HHC? Well, there is some good news!
No federal or state laws prohibit consumers from using, possessing, distributing, manufacturing, or selling hemp-derived cannabinoids.
As well as hemp, other hemp-infused cannabinoids, including delta 9, THCA, CBDV, etc., are legal in Indiana.
It is also legal to take THCP.
Is Delta 8 Legal in Indiana? Final Thoughts
According to Indiana law, delta 8 and other cannabinoids must be derived from hemp and comply with the 0.3% THC cap in its Farm Bill. In other words, delta 8 is legal in Indiana.
Thus, the delta 8 Indiana issue is under control for the most part. In the home state of Larry Bird and the Hoosiers, anyone can purchase hemp-derived cannabinoids. Delta 8 is not a legal issue in Indiana. You can buy, sell, distribute, manufacture, and do whatever you want. You can even combine delta 8 with other cannabinoids — HHC, delta 10, etc. They are all legal! There seem to be no legal cannabis products available in Indiana besides hemp-based cannabinoids.
Cannabinoids derived from hemp are the only legal way to enjoy them in Indiana. Will that change in the future?
Anyway, here's hoping Indiana moves forward with its cannabis laws! Despite being available in brick-and-mortar stores in Indiana, Delta 8 is best purchased online. Make sure the product is backed by third-party laboratory testing and is made from organic hemp for a safe and positive experience.
