Is Delta 8 THC Still Legal to Buy in Indiana? [New Laws 2023]

Delta 8 Indiana

The delta 8 THC craze is sweeping the nation, and the Hoosiers aren’t sleeping on it. 

Delta 8 THC remains the hottest hemp compound around, but a major question surrounds it: Is it legal in Indiana? Let’s look at the legal status of delta 8 THC in this state and where to find it.

Last Update: October 28, 2023

Summary

  • Hemp-derived delta 8 THC is not explicitly banned in Indiana. However, the legal status of this compound is murky because of an official opinion from the Attorney General that declares delta 8 THC and similar cannabinoids (delta 10, THCp, etc.) controlled substances.
  • Therefore, in some counties, you can lawfully sell and buy this compound, but in others, stores have faced persecution from law enforcement.
  • You can still order delta 8 THC products online in Indiana, except for smokable delta 8 flower. Currently, there’s no official legislative measure to ban the sale and possession of these products.
  • Mr. Hemp Flower offers a range of tested delta 8 THC products, including gummies, capsules, and edibles, for the Indiana marketplace. Wholesale delta 8 THC is also available.

Is Delta 8 THC Legal in Indiana? 

Hemp-derived delta 8 THC products are not explicitly banned in Indiana. 

However, their legality is murky due to an official opinion released by the Attorney General (AG) in January 2023. In the letter, the AG addressed the legal status of THC variants, including delta 8 THC, delta 10 THC, THCp, and “other designer cannabinoid products.”

In the letter, the AG determined that delta 8 THC and similar cannabinoids are Schedule I controlled substances under state law. Despite this letter, there haven’t been official laws to ban these cannabinoids. Therefore, the effects of the opinion have been negligent in most counties.

With that said, you can still order delta 8 THC products online, except for smokable flower, which has been banned. 

Under Indiana’s Code, hemp and all its derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers with a delta 9 THC level of 0.3% or less are legal.

The state’s law also clarifies the distinction between hemp and marijuana and excludes the former from the definition of marijuana and the Controlled Substances Act. 

Unlike other states, the Indiana Legislature hasn’t taken steps to prohibit the sale and use of delta 8. Therefore, D8 products made from legal hemp that contain less than 0.3% delta 9 THC are legal in Indiana. 

Indiana doesn’t place any limits on possession or age restrictions on the purchase of hemp-derived products. However, the situation with D8 is a bit more complicated in this domain because D8 can get you intoxicated. Therefore, retailers typically sell products to consumers 21 years of age and older.

Read more: State-by-State Legality of Delta 8 THC.

Where to Buy Delta 8 THC in Indiana?

Buying delta 8 THC products online in Indiana is the best option.

You can find delta 8 anywhere in Indiana, including CBD dispensaries, gas stations, and convenience stores. Some of these outlets sell untested, cheap products with a delta 9 concentration that could potentially exceed the legal 0.3%. 

Mr. Hemp Flower provides safe cannabinoids that offer the healing effects of the hemp plant. We package in discreet packaging and offer fast shipping.  

Can I Buy Delta 8 THC Products Online in Indiana?

Yes, buying delta 8 THC products online is one of the safest and most convenient options.

At Mr. Hemp Flower, we emphasize the quality of our products because the market is still largely unregulated. We’ve designed our product pages to make it effortless for you to scan the items for quality. 

For example, our Stormy Daniels D8 Flower Pre Rolls, have a detailed description of what the product contains and where the ingredients come from.

At the bottom of the page, you can take a look at hundreds of positive reviews from happy customers. Most importantly, you’ll find a Certificate of Analysis and terpene reports showing the actual THC levels the product contains. 

What is Delta 8 THC? 

It’s the tetrahydrocannabinol derived from the hemp plant. Most delta-8-infused products are made through isomerization or conversion of hemp-derived CBD.

Chemically, D8’s structure is extremely similar to delta 9’s, with a small difference in the placement of their double bond. Namely, D8’s double bond is on the 8th carbon atom, while D9’s is on the 9th. 

This difference makes delta 8 around 50 to 70 percent less intoxicating than traditional THC. This means that you’re still going to get high on D8 but in a different way.

According to customers, D8 gives a more mellow, “clear-headed” intoxication that allows them to be productive (please don’t drive or engage in any other potentially dangerous activity) without side effects like anxiety and paranoia.

Such side effects are the core reason people avoid taking traditional THC on the regular, even if they truly benefit from it. So, D8 is the perfect substitute!

Delta 8 THC and Federal Law 

The legality of D8 on a federal level is murky. When derived organically from the hemp plant, D8 falls within the broad definition of hemp under the Agricultural Improvement Act of 2018. Uncertainties remain about the federal legality of Delta-8 when it’s a derivative of other hemp cannabinoids, like cannabidiol (CBD). 

D8 is found in tiny concentrations in hemp (less than 0.1%), so its extraction is a financial burden to manufacturers. Most D8 on the market is made from hemp-derived CBD that undergoes chemical conversion, which is the root of the legal confusion. When made from CBD, D8 could be considered a “synthetically derived” tetrahydrocannabinol. 

In 2020, the Drug Enforcement Administration (DEA) released its Interim Rule that stated: “all synthetically derived tetrahydrocannabinols remain schedule I controlled substances.” 

The term “synthetically derived THC” is defined broadly in the rule, which gives the DEA space to treat D8 chemically derived from hemp CBD as a “synthetically derived” tetrahydrocannabinol and a controlled substance. 

When the 1986 Federal Analogue Act (FAA) banned synthetically derived tetrahydrocannabinols, like Spice and K2, the intention behind it was to stop the spread of these harmful chemicals.

These tetrahydrocannabinols are made in a lab without the involvement of cannabis plant material whatsoever. So, experts argue that the making of delta 8 is different because it’s made from hemp-derived CBD

The regulation of D8 products for human consumption falls under the Food and Drug Administration (FDA), as per the 2018 Farm Bill. Even if D8 products intended for human consumption are considered legal under the bill, they still need pre-market approval from the FDA, like CBD and other cannabinoids. 

Final Thoughts

Hemp-derived delta 8 THC is legal in Indiana under state and federal laws.

For now, the Hoosier State hasn’t explicitly banned the sale, use, and possession of D8. Hoosiers can find a wide range of hemp-derived D8 products both in local shops and online retailers.

Delta 8 Indiana Laws

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FAQ’s

Yes, D8 is still legal to buy in Indiana. Unlike other states, the Hoosier State hasn’t banned the use and possession of D8.

Licensed online shops like Mr. Hemp Flower that offer legal, quality D8 and ship fast in discreet packaging. 

You can! Hoosiers can order a wide range of tested, quality D8 online safely and discreetly.

No, 14 states banned this hemp derivative, including Alaska, Arizona, Arkansas, Colorado, Delaware, Idaho, Iowa, Mississippi, Montana, Kentucky, Rhode Island, Utah, Vermont, and Washington. 

It is, but please check the product for quality by asking for lab reports and levels of D9.

Read our legal disclaimer HERE. While we try to stay as up-to-date as possible on all state laws, you should do your own due diligence and work with a legal professional to ensure you are operating legally in your state or territory at all times.

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