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cbd oil indiana law 2021

Where it is: Referred to Committee on Courts and Criminal Code

What it says: Establishes the Cannabis Compliance Commission to regulate all forms of legal cannabis in Indiana, including industrial hemp and low THC hemp extract.

What it says: Allows people with a valid medical marijuana card from another state to possess marijuana and paraphernalia. Also applies to those who suffer from a terminal illness or serious untreatable disease who, in the professional written opinion of a physician, benefits from treatment with marijuana.

Here are the 10 bills to watch this session and where they are in the process.

Criminal Code Reform

Like Senate Bill 321, the legislation reduces penalties for possession of marijuana, hashish, hash oil, and salvia at the same levels and states that a person’s probation may not be revoked solely on the basis that the person tested positive for marijuana or a metabolite of marijuana.

At the time of this writing, all of the bills are alive and well. However, past years have shown that this kind of legislation typically doesn’t survive beyond a first reading and committee referral.

The bill also prohibits harassment of medical marijuana users by law enforcement officers, and prohibits cooperation with federal law enforcement officials seeking to enforce federal laws that criminalize the use of marijuana authorized in Indiana.

Marijuana Decriminalization

What it says: Establishes a medical cannabis program under the Indiana State Department of Health.

Where it is: Referred to Committee on Courts and Criminal Code

Is Delta-8 THC legal?

Under Indiana law, Delta-8 remains legal.

Delta-8 tetrahydrocannabinol (THC) (“Delta-8”) is a psychoactive cannabinoid found in marijuana and hemp. Like Delta-9 THC (the federally regulated psychoactive agent in cannabis), Delta-8 gives the user a “high” reported as being similar in effects to Delta-9 THC but with more “clear-headedness” and less anxiety and paranoia. Delta-8 is not present in hemp or marijuana in significant quantities. As a result, it’s generally synthesized or extracted in a lab to produce commercially useable quantities. This means that users consume Delta-8 through vape cartridges, edibles, concentrates, and tinctures rather than smoking plant material.

Cbd oil indiana law 2021

If you have any questions regarding the information in this article or with any of the federal or state legal requirements related to cannabis, hemp or CBD, contact Kendall A. Schnurpel.

Cannabis, Hemp, CBD and Marijuana: What’s Legal (and What’s the Difference)?

January 19, 2021

In December of 2018, President Trump signed the Agriculture Improvement Act of 2018 (the “2018 Farm Bill”), which legalized industrial hemp under an expanded definition that includes low-THC hemp derivatives (like CBD) and permitted its transportation across state lines. 4 Earlier that year, Indiana was already responding to the shift in acceptance and consumption of CBD oil by passing Senate Enrolled Act 52 (“SEA 52”), which legalized low-THC hemp-derived CBD oil. 5 SEA 52 also provided what was considered, at the time, unusually robust regulations for distributing low THC hemp extract, including requiring a certificate of analysis by an independent testing laboratory 6 and detailed packaging requirements, such as the inclusion of a scannable QR code linked to additional information including the product name, ingredients, and specific batch details. 7 After the 2018 Farm Bill was enacted, Indiana passed Senate Enrolled Act 516 (“SEA 516”) to better align Indiana’s laws with the 2018 Farm Bill and to establish a regulatory framework for hemp production in Indiana. In contrast to the 2018 Farm Bill, however, SEA 516 criminalized the manufacture, financing, delivery or possession of “smokable hemp,” defined as any industrial hemp product “in a form that allows THC to be introduced into the human body by inhalation of smoke.” 8

Practices

Cannabis, Hemp, CBD and Marijuana: What’s Legal (and What’s the Difference)?

In December of 2018, President Trump signed the Agriculture Improvement Act of 2018 (the “2018 Farm Bill”), which legalized industrial hemp under an expanded definition that includes low-THC hemp derivatives (like CBD) and permitted its transportation across state lines. 4 Earlier that year, Indiana was already responding to the shift in acceptance and consumption of CBD oil by passing Senate Enrolled Act 52 (“SEA 52”), which legalized low-THC hemp-derived CBD oil. 5 SEA 52 also provided what was considered, at the time, unusually robust regulations for distributing low THC hemp extract, including requiring a certificate of analysis by an independent testing laboratory 6 and detailed packaging requirements, such as the inclusion of a scannable QR code linked to additional information including the product name, ingredients, and specific batch details. 7 After the 2018 Farm Bill was enacted, Indiana passed Senate Enrolled Act 516 (“SEA 516”) to better align Indiana’s laws with the 2018 Farm Bill and to establish a regulatory framework for hemp production in Indiana. In contrast to the 2018 Farm Bill, however, SEA 516 criminalized the manufacture, financing, delivery or possession of “smokable hemp,” defined as any industrial hemp product “in a form that allows THC to be introduced into the human body by inhalation of smoke.” 8

What You Should Know Today:

Indiana’s Current Hemp and CBD Regulation

The terms cannabis, hemp, CBD and marijuana are often used interchangeably (and are frequently confused). While a detailed taxonomy discussion is beyond the scope of this alert, cannabis 2 refers to the genus of flowering plants that include both hemp and marijuana. 3 All cannabis plants contain tetrahydrocannabinol (“THC”), the “cannabinoid” or compound that, when present in sufficient amounts, produces the “high” users experience during consumption. Notably, “industrial hemp,” as defined under both federal and state law, contains no more than 0.3% THC and, accordingly, does not generate the intoxicating effects of its cousin, marijuana. Rather, hemp has traditionally been a source of fiber and oilseed around the world to produce a variety of industrial and consumer products. Rounding out our terminology tour is “CBD,” a relatively new entry into the lexicon of the everyday consumer. If you’ve been in almost any local convenience store or major drug store lately, you’ve likely seen CBD stocked on the shelves. CBD is a non-intoxicating compound (i.e., another cannabinoid) which can be extracted from both hemp and marijuana plants and is increasingly used as an alternative treatment for various ailments in both people and animals, including epilepsy, anxiety, insomnia, and chronic pain.