Is CBD Oil Legal in Indiana?

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  2. Is CBD Oil Legal in Indiana?
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Is CBD Oil Legal in Indiana?

Yes. House Bill 1148 made the use of CBD legal in Indiana within certain limits. One had to be a qualifying patient suffering from one of the recognized seizure-inducing epileptic disorders, and an Indiana doctor must have determined the illness to be treatment-resistant.

In keeping with its strict prohibition on marijuana and its derivatives, the state of Indiana makes it mandatory for CBD oil and products sold and used in the state to be hemp-derived. It is also compulsory for CBD products to have a THC content of not more than 0.3 percent.

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What are Indiana CBD Laws in 2024?

Possession

The state of Indiana allows its residents to possess CBD products with an upper limit of 0.3 percent THC, and the CBD content in any product must be 10 percent or more.

Cultivation

The 2018 Farm Bill legalized the cultivation of industrial hemp across the U.S. However, states like Indiana regulate the growing and processing of the plant. Only industrial hemp may be cultivated for processing into CBD oil and products in Indiana. The US Department of Agriculture statutorily oversees state hemp programs.

Distribution and Sale

In 2018 the State of Indiana passed Senate Bill 52. The law made it a Level 5 felony for an Indiana pharmaceutical retailer to mislabel marijuana derivatives as CBD. It specified that 'low-THC hemp extract' meant extract derived from industrial hemp.There are no official distributor outlets in Indiana nor officially approved pharmacies. But pharmaceutical outlets are allowed to sell CBD oil and products.

When Indiana Governor Eric Holcomb signed it into law in March 2017, HB 1148 was declared as an amendment to the pre-existing criminal code in Indiana, which had prohibited any sort of cannabis use. The law granted immunity from prosecution to residents of the state who were either patients or caregivers and might be found in possession of CBD. The bill approved the use of CBD for chronic cases of epilepsy that had been treated without improvement with other therapeutic drugs. It also created a cannabidiol registry in Indiana, and the issuance of registration cards to individuals who were 18 years or older, legally resident in the state of Indiana, and certified by their doctors to be suffering from seizures unresponsive to other treatment.

Indiana's Senate Bill 52 was also an amendment to the 2017 bill that partially legalized CBD access. HB 52 allowed Indiana residents to possess and distribute ' low THC hemp extract'. During the 2022 legislative year, the Indiana Senate was presented with SB 209 a bill to narrow the definition of low THC hemp extract. The bill would have outlawed many CBD products available to Indiana residents.

What are Indiana CBD Possession Limits?

In Indiana, individuals and qualifying patients are not limited in the amount of CBD they can possess. They must, however, ensure that the product meets all the requirements for legal handling, including containing no more than 0.3% THC. CBD oil and products must not contain any prohibited substances.

Can Doctors Prescribe CBD Oil in Indiana?

Indiana’s limited access to medical cannabis allows doctors to recommend CBD to their patients. House Bill 1148 granted Indiana doctors who might recommend CBD to their patients immunity from prosecution. The Bill was enacted in response to the medical needs of patients suffering from epileptic seizures who had been treated with other medications except for low THC cannabidiol.

How Old Do You Have to Be to Buy CBD in Indiana?

Indiana allows its municipalities to set their own age limits for CBD use and possession. In some jurisdictions of the state, only residents aged 18 years or older can buy CBD. Other Indiana jurisdictions raise this age limit to 21 years.

What are the Licensing Requirements for CBD in Indiana?

In 2021, Indiana issued licenses to 79 entities in the state through the Office of the Indiana State Chemist. The licenses were for industrial hemp growers and industrial hemp handlers involved in CBD production. Indiana hemp growers must undergo criminal background checks by federal law enforcement to determine if they have prior convictions for drug offenses. The state charges a license fee of $750 to issue a grower's license and the same amount for a handler's license.

It is also mandatory for CBD distributors in Indiana to have certificates of analysis from laboratories with which they have no financial, personal, or professional connections. The certificate must indicate that their products contain no more than the legally permitted amount of THC.

Labeling requirements for CBD products in Indiana, as enshrined in Sec 4 (a) of SB 52, mandates that packaging must display the expiration date of the product, the product manufacturer's web address, the actual percentage, in milligrams, of THC content. The list of components used in production and a certification that the product contains only a maximum of 0.3% THC must also be indicated on the label.

Where to Buy CBD in Indiana?

CBD oil and other hemp-derived products are available across Indiana in grocery stores, gas stations, and shops. It can also be purchased from online stores. Indiana has no regulations regarding age requirement for buying CBD. However, some CBD stores will only sell to persons over 18 years.

What is CBD Oil?

This is the product of mixing CBD extract with coconut oil or hemp seed oil. The mixing oil, also known as carrier oil, dissolves the thick paste of CBD extract and makes it better suited for consumption.

Cannabidiol (CBD) comes from the Cannabis sativa plant. Alongside tetrahydrocannabinol (THC), it is one of common chemical compounds of the cannabis plant. THC gives cannabis its strong, intoxicating effect, while CBD produces a more relaxing effect. CBD does not induce euphoria or impair human mental function like THC does. THC is mainly present in cannabis and CBD is more abundant in hemp plants.

Even though researchers have been studying CBD as a therapeutic compound since the middle of the 20th century, hemp-derived CBD has recently been accepted as medically beneficial by the Food and Drug Administration (FDA). In 2018, the FDA licensed a CBD product (Epidiolex), a pure form of CBD, to treat patients suffering from tuberous sclerosis complex, Dravet syndrome, and Lennox Gastaut syndrome. However, the FDA advises against purchasing and using CBD-infused products as dietary supplements, which may contravene the Federal Food, Drug, and Cosmetic Act. It also warns against the use of CBD by pregnant and breastfeeding women.

The approval of limited medical use of Epidiolex and CBD led to hemp’s removal from the Controlled Substances Act. The passage of the 2018 Farm Bill permitted the cultivation, production, distribution, and use of industrial hemp in the U.S. and subsequently removed hemp from the Controlled Substance list. Hemp refers to the cannabis plant and its derivatives with a THC content of not more than 0.3% on a dry weight scale. Cannabis with THC content above 0.3% is listed as a Schedule 1 controlled substance, described as having no medical value, liable to be abused, and addictive.

CBD is commonly presented as an oil, but it also comes in other forms, from edibles such as cookies and gummies to skin-applied formulas such as creams, ointments, lotions, and even soaps. It comes handy as treatment for depression, migraines, anxiety, cancer, and epilepsy.

There are three types of CBD: full-spectrum, broad-spectrum, and isolate. The production of full-spectrum CBD entails the addition of all vital compounds from the cannabis plant. These compounds include flavonoids, terpenes, and cannabinoids. The production of broad-spectrum CBD entails the addition of minute compounds of flavonoids, terpenes, and cannabinoids, as well as trace quantities of THC. The production of isolate CBD entails the removal of all traces of THC and other compounds contained in the hemp plant. Isolate CBD is a crystalline substance. CBD is legal in Indiana.

What Does CBD Do?

CBD has a proven anti-seizure benefit that is useful for the management of epilepsy. This benefit is largely due to its neurological properties which are also responsible for its growing use in the treatment of mental health disorders. There are claims of CBD’s benefit for treating anxiety, insomnia and depression. It is also claimed to be effective in the management of chronic pain and inflammation as well as for improving appetite and lowering high blood pressure.

Does CBD Show Up on Indiana Drug Test?

CBD does not show up on cannabis drug tests but the THC included with most CBD products may show up in these tests. While low-THC levels are unlikely to cause CBD users to fail drug tests, variations in product batches and low-quality products may contain significantly higher levels of THC. Regularly ingesting high doses of such CBD products may lead to the accumulation of detectable levels of THC and its metabolite in the user’s body.

To ensure you do not fail a cannabis drug test in Indiana, consider switching to a CBD product with 0% THC. If you are submitting to a scheduled test, you should stop consuming CBD products at least 2 weeks before the test.

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