cbd oil indiana law 2021

If you are considering buying or using Delta-8, there are several other factors to consider. First, The Drug Enforcement Agency (“DEA”) has promulgated a new rule change that classifies all synthetically derived tetrahydrocannabinol as a controlled substance. However, there is an exception for tetrahydrocannabinol derived from hemp. The rule does not define synthetically derived, and courts have not yet interpreted what this rule means for Delta-8.

The State Legislature has not taken any steps to prohibit the sale or use of Delta-8. However, that does not mean it cannot cause legal issues.

For now, it appears that Delta-8 is legal at the Federal level. However, the future of Delta-8’s legality may change as courts interpret the new DEA rule.

Black market products purporting to be Delta-8 may contain more than .3% Delta-9 THC and would still be considered a Schedule 1 drug in Indiana. Even store-bought Delta-8 may trigger a positive result on a field test for marijuana. Further, in Indiana, concentrates carry more severe penalties than the possession of raw marijuana. Ind. Code 35-48-4-11(a) provides that “A person who commits possession of marijuana, hash oil, hashish, or salvia, a Class B misdemeanor.” This may lead to an arrest and potential prosecution for possession of marijuana.

Federally, the legality of Delta 8 is murky. Congress passed the Agriculture Improvement Act of 2018 (the “Farm Bill”). In relevant part, the Farm Bill legalized the production of hemp and the use of all hemp-derived cannabinoids. CBD and Delta-8 being two of the most common examples. Marijuana contains .3% or more Delta-9 THC, which is the regulated psychoactive cannabinoid. However, since Delta-8 is derived from hemp and contains no Delta-9 THC, it is not currently considered a Schedule 1 drug. As a result, it is legal to buy and use in Indiana and many other states.

Possession of marijuana is a Class B misdemeanor punishable by not more than 180 days and a possible fine of not more than $1,000. Possession of less than 30 grams and a prior drug offense is a Class A misdemeanor punishable by up to 1 year imprisonment and a fine of not more than $5,000. Possession of at least 30 grams of marijuana with a prior conviction for a drug offense is a Level 6 felony punishable by 6 months – 2 ½ years imprisonment, with the advisory sentence being 1 year and may be fined not more than $10,000. Possession with intent to manufacture, finance the manufacture of, deliver, or, finance the delivery of shall follow the violations listed under “Sale or Cultivation.” Conditional discharge may be available for first-time offenders.


The sale of 10 pounds or more is a level 5 felony punishable by 1 – 6 years imprisonment and a maximum fine of $10,000.


Every state criminalizes driving under the influence of a controlled substance. Some jurisdictions also impose additional per se laws. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have a detectable level of an illicit drug or drug metabolite (i.e., compounds produced from chemical changes of a drug in the body, but not necessarily psychoactive themselves) present in their bodily fluids above a specific, state-imposed threshold. Read further information about cannabinoids and their impact on psychomotor performance. Additional information regarding cannabinoids and proposed per se limits is available online.