CBD Oil In Indiana Law

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Indiana Laws and Penalties Marijuana, which includes hash and hash oil under the Indiana Criminal Code, is listed as a Schedule I drug. 35-48-2-1, et seq. of the Indiana Criminal Code Web Pure Craft CBD offers CBD Oil 1000mg & 2000mg flavored CBD tinctures, CBD Gummy Bears, CBD Oil for Dogs and more! Discover Pure Craft CBD PURE CRAFT BLOG

Indiana Laws and Penalties

Marijuana, which includes hash and hash oil under the Indiana Criminal Code, is listed as a Schedule I drug.

  • 35-48-2-1, et seq. of the Indiana Criminal Code Web Search
  • 35-48-2-4(d)(22) of the Indiana Criminal Code Web Search
  • 35-48-4-10,11 of the Indiana Criminal Code Web Search

NOTE: Indiana law explicitly exempts CBD (cannabidiol) products containing less than 0.3 percent THC from the state’s criminal definition of marijuana, making them legal to possess and sell in accordance with applicable licensing laws.

Possession for Personal Use

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.

  • 35-48-4-11 of the Indiana Code Web Search
  • 35-48-4-12 of the Indiana Code Web Search
  • 35-50-2-7(b) of the Indiana Code Web Search
  • 35-50-3-3 of the Indiana Code Web Search
Sale/Cultivation

The sale of less than 30 grams is a Class A misdemeanor punishable by a maximum sentence of 1 year imprisonment and a maximum fine of $5,000. A subsequent offense is a level 6 felony punishable by 6 months – 2 ½ years imprisonment and a maximum fine of $10,000.

The sale of 30 grams – less than 10 pounds is a Level 6 felony punishable by 6 months – 2 ½ years imprisonment and a maximum fine of $10,000.

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.

The sale of any amount to a minor is a level 5 felony punishable by 1 – 6 years imprisonment and a maximum fine of $10,000.

  • 35-48-4-10 of the Indiana Code Web Search
Hash & Concentrates

A person who knowingly or intentionally possesses (pure or adulterated) marijuana, hash oil, or hashish commits a Class A misdemeanor, punishable by a maximum sentence of one year imprisonment and a maximum fine of $5,000. Conditional discharge may be available for first-time offenders.

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Possession of more than 2 grams of hashish or concentrate, or if the person has a prior conviction of an offense involving marijuana, hash oil, or hashish and is in possession less than 2 grams, then the crime is a level 6 felony, punishable by 6 months to 2 ½ years imprisonment and a maximum fine of $10,000.

  • § 35-48-4-10 of the Indiana Code Web Search
  • § 35-48-4-11 of the Indiana Code Web Search
  • § 35-48-4-12 of the Indiana Code Web Search
  • § 35-50-3-2 of the Indiana Code Web Search
  • § 35-5-2-7 of the Indiana Code Web Search

Manufacture or sale of less than 5 grams of hash oil, or hashish is a class A misdemeanor punishable by a maximum sentence of one year imprisonment and a maximum fine of $5,000. A subsequent offense is a level 6 felony punishable by 6 months – 2 ½ years imprisonment and a maximum fine of $10,000.

If the amount is at least 5 – but less than 300 grams the offense is a level 6 felony punishable by 6 months – 2 ½ years imprisonment and a maximum fine of $10,000. A subsequent offense if a person has a prior drug dealing offense is a level 5 felony punishable by punishable by 1 – 6 years imprisonment and a maximum fine of $10,000.

If the amount involved is at least 300 grams the offense is a level 5 felony punishable by a fixed term of imprisonment of 1 – 6 years with the advisory sentence being 3 years and a fine of not more than $10,000.

If the offense involved a sale to a minor the offense is a level 5 felony punishable by a fixed term of imprisonment of 1 – 6 years with the advisory sentence being 3 years and a fine of not more than $10,000.

  • § 35-48-4-10 of the Indiana Code Web Search
Paraphernalia
Manufacture

Manufacture of paraphernalia is a Class A infraction punishable by up to a $10,000 fine. A Subsequent conviction is a Level 6 felony punishable by 6 months – 2 ½ years imprisonment and a maximum fine of $10,000.

  • 34-28-5-4 of the Indiana Code Web Search
  • 35-48-4-8.1 of the Indiana Code Web Search
Possession

Possession of paraphernalia is a Class A infraction punishable by up to a $10,000 fine. A subsequent conviction is a Level 6 felony punishable by 6 months – 2 ½ years imprisonment and a maximum fine of $10,000.

  • 34-28-5-4 of the Indiana Code Web Search
  • 35-48-4-8.3 of the Indiana Code Web Search

Dealing in paraphernalia is a Class A infraction punishable by up to a $10,000 fine. A person is dealing in paraphernalia and has a prior unrelated judgment or conviction may be convicted of a Level 6 felony punishable by 6 months – 2 ½ years imprisonment and a maximum fine of $10,000.

  • 34-28-5-4 of the Indiana Code Web Search
  • 35-48-4-8.5 of the Indiana Code Web Search
Miscellaneous

Presence “where knowledge of drug activity occurs” is a misdemeanor punishable by a maximum sentence of six months imprisonment and a maximum fine of $1,000.

A possession, sale, or distribution conviction will result in a driver’s license suspension for 6 months- 2 years.

  • 9-30-4-6(b)(6) of the Indiana Code Web Search
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More Information
Conditional Release

The state allows conditional release or alternative or diversion sentencing for people facing their first prosecutions. Usually, conditional release lets a person opt for probation rather than trial. After successfully completing probation, the individual’s criminal record does not reflect the charge.

Drugged Driving

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.

Legalized CBD

State law exempts CBD (cannabidiol) products from the state’s criminal definition of marijuana, making them legal to possess and sell in accordance with applicable licensing laws.

Medical CBD

This state has passed a medical CBD law allowing for the use of cannabis extracts that are high in CBD and low in THC in instances where a physician has recommended such treatment to a patient with a state-qualifying condition.

Tax Stamps

This state has a marijuana tax stamp law enacted. This law mandates that those who possess marijuana are legally required to purchase and affix state-issued stamps onto his or her contraband. Failure to do so may result in a fine and/or criminal sanction.

Is CBD Legal in Indiana? (2022 CBD Laws)

Hoosiers will be happy to hear that CBD meeting requirements outlined in the 2018 Farm Bill is legal in their state.

This means hemp-derived CBD with ≤ 0.3% THC contents is legal in Indiana.That’s cause to cheer like you’re rooting for your favorite race car driver at the Indianapolis-500.

Before this was the case, low-THC CBD was legal for patients with qualifying conditions. Now, it’s open to all. The state doesn’t have a medical marijuana program now that the first one has essentially been superseded by the new law. Indiana state law strictly prohibits marijuana.

Indiana CBD Laws At A Glance

When it comes to CBD in Indiana, here are the big points you need to know:

• Hemp-derived CBD oil that doesn’t exceed 0.3% THC content is legal.

• You can buy legal CBD in stores or online.

• There’s no age limit on purchasing CBD in Indiana, but stores may have individual policies.

• Indiana doesn’t currently have a medical marijuana program.Marijuana is illegal.

Is CBD Legal in Indiana?

Indiana hasn’t been in a rush to push cannabis laws forward. Once the 2018 Farm Bill legalized hemp-derived products, it lined up state law to match. Indiana strictly regulates it’s hemp production. Here’s a quick review of Indiana CBD law:

  • In 2014, Indiana made industrial hemp production legal for licensed growers and handlers through IC-15-15-13, or the Industrial Hemp Bill. It includes all derivatives of industrial hemp such as CBD, but use of CBD for Indianans was still a legal gray area.
  • CBD oil containing less than3% THC was made legal for use by patients with a short list of qualifying conditions in 2017, when HB 1148 was passed. Things remained murky for medicinal CBD though, because it didn’t include a system for distribution.
  • Not long after, the 2018 Farm Bill was passed, making hemp-derived CBD with up to 0.3% THC legal in all 50 states. Indiana immediately got on board. Senate Bill 52 made it clear Farm Bill-friendly CBD is approved for all in the state law.
  • The Indiana Hemp Advisory Committee was established through Senate Bill 516 in 2019. The committee advises on hemp laws in the state. The bill also regulates the cultivation of hemp and requires a license to do so. Any hemp production without a license is considered marijuana by the state of Indiana.
  • With several recreational and medical marijuana bills proposed in 2021, the Crossroads of America may soon veer from its strict cannabis laws.
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Indiana CBD Laws: How To Buy CBD Legally

Because Indiana allows CBD, you can shop in person or online. It’s great to have options, right? With all these choices available to you, you can enjoy the widest selection of CBD products.

Purchase CBD At Brick & Mortar Stores

CBD’s legal in your neck of the woods. (Yay Indiana!) This means you can explore the offerings at a number of local venues. CBD stores are an obvious choice. But many pharmacies, health food stores, spas, farmers’ markets, etc. sell CBD-infused products, too.

Before CBD shopping in person, research or ask around to hone in on the retailers with the best products, selection, and service.

Buy CBD Online

Some people like to buy their CBD IRL. Others prefer the convenience of online shopping. Lucky you — in Indiana, you can take your pick! And even if you enjoy the experience of physically going into a shop and selecting your CBD products, it’s great to have options.

You can safely buy high-quality CBD products online from Pure Craft. Just FYI — people in your area are clamoring for the following CBD products:

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