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January 11, 2023
Delta 8

Is Delta-8 THC Legal in Indiana?

If you’re curious about trying delta-8 tetrahydrocannabinol or delta-8 THC products and you’re in the state of Indiana, you’re probably wondering: is it legal? Or maybe, what is delta-8 THC?

That’s what we cover here. Here we’ll answer the question: is delta-8 THC legal in Indiana?

In brief:

  • Delta-8 THC is legal to use, possess, purchase, sell, distribute, and produce in Indiana under state and federal law
  • Legal delta-8 has to be derived from hemp with under 0.3% delta-9 THC
  • Indiana lawmakers tried without success to ban delta-8 THC and place it on the state controlled substances list
  • For now, you can purchase delta 8 THC products from online stores and in person retailers in Indiana because delta-8 THC, as well as other products infused with cannabinoids like CBD and delta-10 THC are legal at the state and federal levels as long as they are derived from industrial hemp

Read on to learn more.

What is Delta-8 THC?

Delta-8 tetrahydrocannabinol (THC) is structurally similar to the delta-9 THC found in abundance in the cannabis plant most people have had. However, delta-8 THC is found naturally only in minuscule amounts, and produces fewer classic cannabis side effects and mild psychoactive effects. has a slightly different atomic arrangement than delta 9 THC, meaning it is an isomer of the compound that produces happiness, euphoria, and a “high” feeling.

Delta-8 and delta-9 THC are similar in the way they are built, but hemp-derived delta-9 THC is the primary cannabis compound, and the two have slightly different chemical structures. Delta-8 THC is milder, while delta-9 THC is more potent.

Is Delta-8 THC Legal in Indiana?

In 2018, the federal government made the Agriculture Improvement Act, or the Farm Bill, law. This removed all legalized hemp products except for delta-9 THC from the list of Schedule I controlled substances in support of the budding hemp industry. (See what we did there?)

Hemp plants are a kind of Cannabis sativa with a dry weight of less than 0.3% delta-9 THC. Delta-9 THC is still a Schedule I controlled substance listed on the Controlled Substances Act—in fact, the Farm Bill specifically references delta-9 THC, and no other cannabinoids such as delta-10 THC, to be illegal federally and in Washington DC.

What About Indiana Law?

In Indiana under state law, almost all hemp-derived delta-8 THC is legal; hoosiers can buy delta 8 gummies and other edibles, topicals, tinctures, and other products. The exception, and part of what makes Indiana different on D8 from neighbors like Ohio, is smokable hemp and delta-8 flower. This means you can use, possess, purchase, sell, distribute, and grow or produce most delta-8 products in Indiana without worrying about being prosecuted.

Smokable hemp flower and any smokable or inhalable delta-8 THC products like vape cartridges were banned in the 2019 legislative session when Indiana state lawmakers passed Senate Enrolled Act 516 (SEA 516). This state senate bill followed the Farm Bill by legalizing hemp and hemp-derived compounds, but exempted smokable hemp, criminalizing its purchase and sale and causing a stir among hemp producers in Indiana.

Right now, as long as they are made from hemp plants (and they’re not smokable) THC variants such as delta-8 and delta-10 THC remain legal in Indiana.

What About the Legality of Recreational and Medical Marijuana?

In Indiana, recreational marijuana remains strictly prohibited, and there is no medical cannabis program. This is unlikely to change.

Currently, there is a $5,000 fine for marijuana possession in Indiana, depending on the amount. For class A misdemeanor possession of less than 30 grams, the penalty is up to one year of imprisonment, and the penalties for concentrates are higher.

Past attempts to change the law in Indiana have all failed. The most recent attempt was House Bill 1154 which would have legalized cannabis use in Indiana for adults over the age of 21, which died before receiving committee hearings.

However, reportedly there is momentum in the general assembly in the direction of decriminalization.

Can You Travel in Indiana with Delta-8 THC?

Yes. You can travel in Indiana with delta-8 THC products as long as they are hemp-derived.

Is Delta-8’s Legality Likely to Change?

Maybe at some point. In mid-2020, the US Drug Enforcement Agency (DEA) issued an Interim Final Rule (IFR) that would limit the use of tetrahydrocannabinols that are “synthetically-derived” and place them on schedule I controlled substances. The idea is to recategorize delta-8 as synthetic because it is derived from CBD using an isomerization process.

This is because delta-8 THC is found in hemp plants only in trace amounts. The process converts CBD’s structure to isomers like delta-8 THC or delta-10 or to minor cannabinoids like HHC, each with unique properties.

Buying Delta-8 THC in Indiana

It is legal to buy delta-8 THC gummies and other hemp products in Indiana as long as they are hemp-derived. There are more options in places like Indianapolis—although they’re definitely not all the same. Some brick-and-mortar locations selling delta-8 are reputable, such as dispensaries, but even gas stations and convenience stores can sell delta-8 gummies these days, and that’s not safe.

The best way to get safe, high-quality, low-cost delta-8 THC products in Indiana—or anywhere it’s legal—is ordering it online. This way you can check the quality personally, and get reliable delivery right to your home!

Because hemp-derived products are now legal, you can now get the best shipped right to you. But to find high-quality delta-8 products, remember to look for real customer reviews and lab testing like you get from Diet Smoke. Remember, just like any natural products, the US Food and Drug Administration (FDA) does not regulate delta-8 THC, so you have to get serious about quality.

Final Thoughts on the Legality of Delta-8 in Indiana

For right now, delta-8 is legal in Indiana! You can feel free to enjoy the milder, cleaner high you get from these awesome products, delivered right to your home.

Disclaimer: Nothing in this post should be construed as legal or medical advice. Delta-8 THC, like any kind of THC, can cause you to fail a drug test for marijuana. In general, depending on the type of drug test, it will detect trace amounts of the metabolite of delta-9 THC, and any of its isomers, including delta-8.