How To Open a Dispensary In Indiana

Indiana Marijuana Laws

In March 2018, Gov. Holcomb signed SB 52 to allow the use and sale of CBD containing less than 0.3% THC for any purpose, with additional rules for testing and labeling. In September 2019, a federal judge invalidated the state’s ban on smokable hemp, ruling that the 2018 Farm Bill legalized the cultivation and sale of all forms of hemp.

Indiana does not allow medical or recreational marijuana. CBD products derived from marijuana are not allowed. Currently, there is no state agency regulating the production, distribution, or use of hemp-derived CBD products. The Interim Study Committee on Agriculture and Natural Resources is investigating the use of industrial hemp as a crop in Indiana.

Any individual may use hemp-derived CBD products in Indiana, provided that it contains less than 0.3% THC by weight. There are no additional requirements for qualifying conditions. The vagueness in HB 1148 made way for a new law that broadened access to CBD and specified regulations surrounding its sale. In March 2018, Holcomb signed SB 52 to allow the use and sale of CBD for any purpose, so long as it contained less than three-tenths of one percent (0.3%) THC by weight. The law also imposed additional requirements for testing and labeling. SB 52 came into effect on July 1, 2018.

Indiana Legislation History

Indiana has long stood in opposition to cannabis. In 1913, Indiana became one of the first states to ban the sale of marijuana without a prescription. After Harry Anslinger passed the Marihuana Tax Act in 1937, it wasn’t long before the historically conservative Indiana had some of the strictest cannabis laws in the United States.

Efforts to change legislation began in early 2013, though these efforts found little success. In February 2013, a bill to decriminalize small amounts of marijuana was killed in committee.

In early 2015, bills were introduced both in the House (HB 1487) and Senate (SB 284) to legalize medical marijuana for certain qualifying conditions with a physician’s recommendation. The House Bill failed to advance, and the Senate bill died before receiving a hearing.

Four years later in April 2017, Republican Gov. Eric Holcomb signed HB 1148 to allow the use of CBD oil containing less than 0.3% THC for patients with uncontrollable seizures whose symptoms were resistant to traditional treatments. The law became effective July 1, 2017. While HB 1148 legalized hemp-derived CBD, it didn’t specify a way for patients to purchase it.

In April 2017, Gov. Holcomb signed HB 1148 to allow the use of CBD oil containing less than 0.3% THC for patients with uncontrollable seizures that did not respond to other treatments. While this law legalized hemp-derived CBD, it did not provide any regulations for patients wanting to purchase it.

Qualifying conditions

There is no requirement to have a qualifying condition to use CBD products in Indiana. Any individuals can legally purchase hemp-derived CBD products, so long as they contain less than three-tenths of one percent (0.3%) THC by weight and are properly labeled and packaged.