Indiana is one of 13 states with no medical cannabis program. Outside of CBD products derived from hemp, cannabis products rich with THC remain illegal.
What this looks like legislatively is a ban on all delta-9 THC products, delta-9 being the primary chemical constituent of most cannabis products sold in those regulated markets.
A new bill would change that terminology in Indiana to include all THC products outright—specifically bringing delta-8 THC products into the ban.
Senate Bill 209 was introduced by State Sen. Liz Brown, a Fort Wayne Republican, and State Sen. Michael Young, an Indianapolis Republican. Their intent is to close a perceived legal loophole that has allowed unlicensed smoke shops and other retailers to sell delta-8 gummies and other products. The concern is that delta-8’s intoxicating effects mimic those of delta-9, providing both producers and customers with a chemical end-around.
This is not a unique situation. States around the U.S. have clamped down on delta-8 THC, especially those states that do not currently run a legal medical cannabis or adult-use cannabis program.
Jason Straw, chair of the Indiana branch of NORML, pushed back on the proposed bill.
“When Indiana makes a product like delta-8 illegal, they have to either go out of state—taking their tax dollars with them—to get what they need or buy cannabis illegally on the street, thus risking the quality of the product,” he said.
