Is a prescription needed for cbd oil in indiana

Is CBD Oil Legal in Indiana? – June 2022

Indiana residents may use or distribute CBD oils and other products with 0.3% or less THC based on independent lab results (4) .

  • Batch ID number
  • Product name
  • Batch date
  • Expiration date
  • Batch size
  • List of ingredients
  • Certificate of analysis (COA) link
  • Number of milligrams of CBD
  • Manufacturer’s name

The COA should show that these CBD products do not contain more than 0.3% THC . THC is a psychoactive substance that causes various effects in humans and animals (5) . One of the most common results when consuming THC is a euphoric “high.”

Historically, Indiana has held an anti- cannabis position. Several bills were written to develop a medical marijuana program, yet none of them have been passed. At this time, marijuana is not allowed in the state.

On March 26, 2014, the then Governor Mike Pence signed IC 15-15-13 (6) . This Indiana law authorized the Office of Indiana State Chemist (OISC) and seed commissioner to produce and regulate industrial hemp in the state of Indiana . However, this legislation did not yet allow consumers to access hemp-derived products.

Three years later, Governor Holcomb signed House Bill 1148 (7) . This bill legalized the use of CBD oil containing less than 0.3% THC to treat epilepsy seizures. It allowed the use of hemp-derived CBD products if a patient’s symptoms are resistant to traditional therapies.

Since HB 1148 did not specify how patients may access these products, a new law broadening consumer access to CBD has been signed.

In March 2018, Governor Holcomb passed Senate Bill 52, which allowed the use and sale of cannabidiol, even outside medicinal purposes, granted that it has less than 0.3% THC and satisfies the labeling requirements set by the bill (8) .

The 2018 Farm Bill , which legalized hemp-derived CBD , was also passed in the same year.

In 2019, Indiana lawmakers drafted and passed Senate Bill 516, which further aligned the state’s terminology with that of the federal government (9) . The law also banned the selling and consumption of smokable hemp.

Indiana CBD Laws

Historically, Indiana was a conservative state. After the Marihuana Tax Act in 1937, the legislation resulted in the state having the most stringent laws on marijuana in the United States .

In 2013, there were efforts to change state laws , yet these efforts had little success. Bills, such as Senate Bill 284 (10) and House Bill 1487 (11) , were introduced in 2015, as lawmakers attempt to legalize medical marijuana . However, SB 284 was canceled even before it had a hearing, while the h ouse bill was unable to advance.

A few years later, several laws were passed to legalize hemp-derived cannabidiol products to the public.

Here are the laws related to the legalization of CBD in the state of Indiana :

House Bill 1148

In 2017, House Bill 1148 was signed by Gov. Eric Holcomb , allowing doctors and healthcare professionals to use hemp-derived CBD oil products in treating epilepsy (12) . The bill highlights that CBD products should not contain more than 0.3% amount of THC .

With the bill ’s passage , a CBD registry was created for epilepsy patients, making CBD products easier for constituents to access. The law came into effect in July 2017.

Senate Bill 52

Holcomb signed SB 52 in March 2018 (13) . The bill legalized CBD use and sale for purposes not necessarily medical as long as the product had less than 0.3% THC . SB 52 also established testing, packaging, and labeling requirements to allow retailers to distribute and sell low- THC hemp extracts.

One of the state’s labeling requirements is to have a QR code linked to a document containing the hemp extrac t details . The information should include pertinent data, such as the batch identification number, product name, expiration date, batch size, and ingredients used.

Label requirements on CBD products vary depending on the state. The most common label requirements are available in medical cannabis and state-licensed adult-use programs.

Although there are no federal guidelines on CBD labeling , most manufacturers mimic federal dietary labels.

The dosage is an essential aspect that should be present on a label. CBD dosage often includes the total milligrams of CBD in the whole package, serving size, and the number of servings.

Knowing where the cannabidiol from a CBD product comes from is equally important.

Senate Bill 516

Along with several other senators, the then Senator Randall Head wrote SB 516, which established the Indiana Hemp Advisory Committee (14) . The group was formed to provide advice to the office of the state seed commissioner concerning Indiana ‘s hemp laws.

SB 516 aligns with federal law by changing references from “industrial hemp” to “hemp,” amending the state’s hemp definition, and allowing the aerial inspection of hemp crops. The law was signed by Governor Holcomb and came into effect in May 2019.

Licensing Requirements

Currently , hemp farms in the state operate under the guidelines set forth by the Indiana State Chemist and Seed Commissioner’s office (15) . The commissioner’s office continues to draft new rules to revise Indiana hemp laws after SB 516 ’s passage.

Individuals who have a license from the Office of the Indiana State Chemist are allowed to grow industrial hemp . The permit also allows them to process hemp-derived products.

Hemp plants grown by people who do not have the necessary licenses are considered marijuana (16) . Violators are at risk of prosecution and may be fined or incarcerated.

  • Application form containing property GPS coordinates
  • Written consent to perform a background check and applicable fee
  • A signed statement that the applicant has not been convicted of a misdemeanor in the past 10 years
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There are application and field site change fees charged for the 2021 season. As of November 2020, a n application fee costs $750 for either grower or handler or $1,500 for both. Meanwhile, site change fees cost $50.

Testing Requirements

Cannabis plants in Indiana must test below 0.3% THC to be considered hemp (17) . The Office of the Indiana State Chemist regulates hemp processing and production in the state.

Buying CBD Legally

Indiana has zero-tolerance for driving under the influence of marijuana ( THC content ), cannabis metabolites , and other controlled substances (18) . People must be careful when deciding to buy cannabis products , especially since even trace amounts of THC can show up in a drug test .

  • Check to ensure that the CBD product contains less than 0.3% THC .
  • Select brands that test their products through a third-party lab. Reputable CBD companies readily make their lab test results available to the public.
  • CBD hemp oil is best produced through supercritical CO 2 extraction. CO 2 extraction is considered a safe and efficient method of obtaining cannabidiol from hemp (19) .
  • Choose a CBD brand that has clear policies on shipping and returns.

To ensure legality and safety, users need to research the CBD products and the brand that sells them. Visiting the brand website to check the company’s transparency is essential. Reading customer reviews and testimonials is equally important.

Reliable brands also include the ingredients used in their CBD hemp products and their recommended dosage in their product label . Most c ompanies offer CBD in varying strengths to meet the different needs of their consumers.

How to Choose Which CBD Products to Buy

The following are some tips that can help buyers select high-quality CBD products for their supposed health benefits :

Check Brand Reviews

Before purchasing CBD products in Indiana, users should check brand reviews, including rating or accreditation, if applicable, from Better Business Bureau (BBB).

BBB-accredited CBD brands are credible as they have passed in terms of transparency and ethical business practices.

Purchase Organic Hemp-Derived CBD

Some farmers , whether knowingly or unknowingly, grow hemp plants on sites that have industrial contamination. Research has shown that plants absorb minerals from the soil, including any toxins present (20) .

Users should choose CBD products made from organic hemp and tested for pesticides, heavy metals, and other harmful chemicals.

Reliable CBD brands in Indiana are also members of hemp organizations and have certifications from agencies such as the US Hemp Authority and the US Department of Agriculture.

Check the CBD Extraction Method

Look for brands that use conventional CBD extraction solvents , like food-grade ethanol and carbon dioxide. These natural solvents ensure that CBD products retain all the terpenes and cannabinoids of cannabis plants .

Identify the Type of CBD

There are three types of CBD products sold: full-spectrum, broad-spectrum, and CBD isolates.

Full-spectrum CBD contains all the chemical compounds of cannabis . Broad-spectrum CBD is the variant that has all the cannabis plant components except THC . Meanwhile, isolates contain pure CBD only .

People should choose the right type of CBD for their needs. Buying CBD that contains THC may be a problem for users who need to undergo a drug test .

Where to Buy CBD Products Legally

Users can buy CBD products from local retailers , dispensaries, and pharmacies in Indiana .

These products can be purchased as tinctures , gummies, creams (topicals), capsules, and vapes. Some stores even sell CBD for pets and CBD flowers .

  • Indy CBD Plus in Indianapolis
  • The CBD Store of Fort Wayne in Fort Wayne
  • Sir Vapes-A-Lot in Indianapolis
  • Bell Family Dispensary in Bloomington (BBB-accredited)
  • Owlslee CBD in Indianapolis

Stores that receive high ratings and accreditation from BBB are credible. BBB evaluates brands in terms of customer service, transparency, and ethical business practices.

Indiana residents can also purchase from CBD retailer s online. Many CBD brands sell cannabidiol products through their websites.

Understanding CBD

What Is CBD?

Cannabidiol (CBD) is a chemical compound derived from C annabis s ativa plants. It is the second most abundant cannabinoid (21) after tetrahydrocannabinol or THC .

Studies showed that CBD has several potential health benefits . One study discussed cannabidiol ’s purported antipsychotic, neuroprotective, and anxiolytic properties (22) .

While hemp-derived CBD products containing 0.3% or less THC are allowed in Indiana, doctors cannot technically prescribe CBD to Indiana residents.

However, they can recommend CBD products to their patients for pain relief.

Currently, doctors in Indiana can prescribe Epidiolex only, a Food and Drug Administration (FDA)-approved CBD product that helps treat rare cases of epilepsy (23) .

Consulting a physician before consuming any CBD product is essential to avoid complications. Doctors familiar with cannabis can give users excellent advice on CBD’s effects on an individual’s medical condition .

What Is the Difference Between Hempseed Oil and CBD Oil?

Despite their nutritional value, hemp seeds do not yield the active cannabidiol compound. Hempseed oil does not contain CBD and has a minimal cannabinoid profile.

Meanwhile, high-quality CBD oil can only come from the leaves, stems, flowers, and stalks of the cannabis plant .

Can Pets Take CBD?

CBD oil intended for human consumption should not be given to animals. CBD products made for pets are less potent than their human counterparts because cannabinoids may affect animals differently.

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Pet CBD tinctures can be applied by placing drops of the oil into the dogs’ mouths, in the same way humans can take the substance sublingually (under the tongue) .

Conclusion

Although Indiana has been anti- cannabis historically , the state is now more open to producing and distributing hemp-derived CBD products .

Consumers in Indiana can legally buy CBD oil in the state, granted that these items do not contain more than 0.3% THC and adhere to the state’s labeling requirements .

To identify high-quality CBD, users should check the product labels and compare the information with the items’ corresponding lab reports.

CBD Oil in Indiana [Your Up-to-Date Buyer’s Guide]

The disconnect between state and federal law causes issues in many ways. This is particularly the case for hemp and marijuana. The latter is a federally illegal substance, yet a majority of states have MMJ programs.

Hemp is now legal to cultivate federally, and as of 2021, every state had signed up for the program. However, CBD is not federally legal but is permitted in most states. The thing is, very few states have specific legislation that legalizes cannabidiol! This confusion is part of why we have created a series of guides on whether you can buy the compound in each state. Today, we look at the situation regarding CBD oil in Indiana.

First, let’s find out if cannabis is legal there.

What Are the Marijuana Laws in Indiana?

Indiana was one of the first states to ban marijuana sales without a prescription in 1913. For a century, it stood firmly against making any changes to its draconian laws. The first attempt at decriminalization only occurred in 2013, and it didn’t make it out of the committee stage.

Two years later, the first bills to legalize MMJ in Indiana were introduced to the House and Senate. However, the House bill failed, and the Senate bill never received a hearing. There was little action in the following years, and it seems as if little will change in the short to medium term.

Indiana was one of the first states to ban marijuana sales without a prescription in 1913.

Ten bills directly related to cannabis’ decriminalization, legalization, and regulations were introduced to the House and Senate in 2021. However, only one, Senate Bill 201, made it to the governor’s desk.

It provides a defense against prosecution for anyone who operates a vehicle with marijuana or its metabolites in their blood under certain circumstances. It is only a usable defense if the individual isn’t intoxicated at the time of arrest, didn’t cause an accident and a chemical test identifies the substance.

Unfortunately, House Bill 1028, which would make the possession of small amounts of marijuana an infraction, did not make it past the Committee on Corrections and Criminal Law. Neither did bills looking to introduce a marijuana pilot program and decriminalize up to two ounces of the substance.

Cannabis Penalties in Indiana

At present, Indiana is one of the few states that doesn’t decriminalize cannabis. As such, it is one of the strictest anti-marijuana locations in America. The possession of any amount of cannabis is a Class B misdemeanor. You could receive a maximum fine of $1,000 and up to 180 days in prison.

The possession of 30+ grams of cannabis is a Class A misdemeanor. This comes with a possible $5,000 fine and a jail term of up to 365 days. Individuals with a previous marijuana offense caught with 30+ grams are charged with a Level 6 Felony. This could lead to a $10,000 fine and up to 30 months in jail.

The sale or cultivation of marijuana is a misdemeanor as well. It becomes a felony if 30+ grams of cannabis is involved.

With such harsh marijuana penalties, does Indiana at least allow the use of CBD oil?

Is CBD Oil Legal in Indiana?

Yes, CBD is legal in Indiana as long as it comes from industrial hemp rather than cannabis. Indiana maintained a strong anti-cannabinoid stance for a long time.

It only changed in April 2017 when Governor Holcomb signed HB 1148. It legalized the use of CBD oil from hemp containing a maximum of 0.3% THC. However, that particular Indiana law only permitted the use of CBD for people with uncontrollable seizures. The new law went into effect in July 2017.

Indiana residents didn’t have to wait long for further developments. Governor Holcomb signed Senate Enrolled Act No. 52 into law in March 2018. This legislation permits the sale and use of CBD for any purpose. The main caveats are that the cannabinoid must come from hemp and contain a maximum of 0.3% THC by dry weight.

It is also important to note that there are now possession limits for hemp-derived CBD in Indiana. Please note that Indiana lawmakers also passed SB 516. It bans the use of smokable CBD flowers. On the plus side, it seems as if there’s no state ban on CBD in cosmetics, food, or beverages, which is good news for sellers.

CBD Oil Regulations

In some states, the CBD industry is the subject of lax oversight. It is a different situation in Indiana, however. Only CBD products analyzed by an independent testing laboratory and packaged with certain information on a label or QR code are permitted for sale in Indiana. Products must contain the following details:

  • Product and manufacturer name
  • Ingredients
  • Expiration date
  • Batch number, size, and date
  • Quantity of extract per product
  • A scannable link to a certificate of analysis (COA) proving the product has less than 0.3% THC
  • A statement confirming that there is less than 0.3% THC by dry weight in the product
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Industrial Hemp in Indiana

Governor Mike Pence signed IC 15-15-13 into law in 2014. Also known as the Industrial Hemp Act, the legislation authorized the provision of licenses for hemp cultivation. However, you could only get a license if cultivating the crop for research purposes in a partnership with Purdue University. The law didn’t allow consumers to purchase hemp products.

It was only with the passing of the 2018 Farm Bill that Indiana finally allowed industrial hemp growth and cultivation. SB 516 mandated creating the Indiana Advisory Committee, which is involved in developing rules for the state’s hemp program. By 2019, it was possible to cultivate hemp in the Hoosier State.

It was only with the passing of the 2018 Farm Bill that Indiana finally allowed industrial hemp growth.

Those interested in growing hemp must get a license from the Office of Indiana State Chemist (OISC). The cultivation of hemp without this license is treated as the same offense as growing marijuana. The recent availability of general grower’s licenses should help the state’s hemp program expand.

If you apply for a growing license, you must include the GPS coordinates of where you intend to cultivate the crop. You must also give written consent for a background check (which can take up to three months), pay a fee, and provide a signed statement saying you haven’t been convicted of a drug-related misdemeanor or felony in the last ten years.

By 2021, the acreage registered for hemp farming in Indiana was 8,900 acres outdoors. Indoors, approximately 1.7 million square feet is registered for hemp cultivation. However, farmers struggle to keep their crops below the THC limit, and hemp is regularly destroyed for exceeding the 0.3% limit.

Where to Buy CBD Oil in Indiana

You can buy hemp-derived CBD from a wide variety of physical stores. Even large chains such as Whole Foods and Walgreens sell CBD oil. Remember, CBD sold in Indiana must meet specific guidelines, or else the seller is acting illegally.

What’s the truth?…

It is easy to find CBD oil online too, but not every brand meets Indiana state guidelines. If you purchase CBD from an online store, make sure the company offers COAs with every batch. They also need to prove that their products contain a maximum of 0.3% THC and come from hemp.

What Are the Best CBD Oil Indiana Stores?

Remember, when it is time to buy CBD oil in Indiana, stick with physical stores that have a solid reputation for quality. Do not purchase CBD from any shop that doesn’t offer COAs, and focus on brands that use CO2 extraction, although ethanol is acceptable in some circumstances.

In general, online stores provide a better choice of products and better value for money. However, there are some high-quality CBD stores in Indiana. Here are ten we’ve picked out.

2704 Lincoln Ave, Evansville, IN 47714, United States

B-Town Botanicals Hydroponics & CBD

339 E Winslow Rd, Bloomington, IN 47401, United States

Crush Vapor & Smoke Shop

215 N Stockwell Rd, Evansville, IN 47715, United States

Dragon Smoke & Vape Shop

10535 E Washington St, Indianapolis, IN 46229, United States

Epic Vapes Fort Wayne

3120 St Joe Center Rd, Fort Wayne, IN 46835, United States

3615 N Clinton St #1822, Fort Wayne, IN 46805, United States

Indy Vapor Shop

4930 Lafayette Rd, Indianapolis, IN 46254, United States

Puff ‘N Stuff Vapor

2163 E Morgan Ave, Evansville, IN 47711, United States

Vape & Smoke South Bend

1404 N Ironwood Dr, South Bend, IN 46635, United States

Xpress Tobacco Outlet

622 S Rangeline Rd, Carmel, IN 46032, United States

You can also purchase CBD online from top-rated brands such as:

Do You Need a Prescription for CBD Oil in Indiana?

No. If you are old enough to purchase CBD oil in Indiana, there is no doctor’s recommendation requirement. However, the parents/guardians of minors may need to get in touch with a physician to see if they can persuade stores to give the child CBD. A growing body of evidence suggests that cannabidiol could help reduce the frequency and severity of seizures in epilepsy patients, for example.

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

At present, there is no codified requirement regarding the age limit for buying CBD in Indiana. However, practically every physical store in the state will refuse to sell to anyone under 18. Most businesses are understandably reluctant to allow minors to buy a product that isn’t FDA approved. Indeed, many CBD sellers in Indiana will only sell to people aged 21+ and ask for ID.

Final Thoughts on CBD Oil in Indiana

If you live in Hoosier State, you are free to purchase CBD oil. Just make sure it is derived from hemp and contains a THC level below the maximum limit.

It is a very different story if you’re looking for marijuana. Indiana remains one of the strongest anti-cannabis states. It hasn’t even decriminalized the substance. As a result, being caught in possession of even one gram of marijuana is potentially enough to warrant a prison sentence.