Know Before You Buy: What Is The Legal Status of Smokable Flower in Indiana?

After a long legal battle for the legalization of smokable hemp, the situation in Indiana remains the same.

Can you buy CBD flower in Indiana? Let’s look at the state hemp laws.

Last Update: July 31, 2023

Article Summary

Smokable hemp (CBD flower) is prohibited in Indiana. The distribution, sale, and possession of CBD buds in this state is punishable by a Class A misdemeanor.
Indiana legalized hemp under SB 516 in 2019, allowing the cultivation of hemp and processing of hemp-derived products.
If derived from hemp, CBD products with less than 0.3% THC are legal in Indiana.
Hemp is legal to grow, cultivate, and process in this state. Indiana won approval from the USDA on its hemp plan, so licensed growers and processors can produce and process this agricultural commodity.

Is Hemp Flower Legal in Indiana?

CBD flower with less than 0.3% THC meant for inhalation is not legal in Indiana.

Under state law, anyone who manufactures, delivers, or possesses smokable hemp or has the intention to do so will be punished by a Class A misdemeanor (Indiana Code Section 35-48-4-10.1)

Smokable hemp flower is listed under the state’s Controlled Substances list as a “hemp bud” and “hemp flower.” State law defines “smokable hemp” as:

“A product containing not more than 0.3% delta-9-tetrahydrocannabinol (THC), including precursors and derivatives of THC, in a form that allows THC to be introduced into the human body by inhalation of smoke.”

Indiana legalized hemp under Senate Bill 516 in April 2019. Governor Eric Holcomb signed the bill into law on May 2019, but, to the surprise of everyone, the bill that went into effect on July 2019 also outlawed smokable hemp.

Since hemp flower has been banned in this state, selling the product within state boundaries is not allowed. The ban was primarily done because of the resemblance of hemp flower to marijuana and concerns about officers’ inability to distinguish between the two.

However, because hemp is a legal crop, Indiana retailers filed a federal lawsuit against the State of Indiana and Gov. Eric Holcomb, who signed the hemp bill into law [1].

After two years, the lawsuit was dropped, and things have come to a halt. Consumer demand for smokable hemp flower exists, and smokable hemp has been shipped into the state at the expense of state farmers and businesses.

Where to Buy Hemp Flower in Indiana?

Hemp is a legal crop that can be sent by mail, so many people in Indiana buy their hemp flower online.

Organically-Grown Hemp Flower

Hemp flower is the most natural way of consuming CBD and the rest of the good components in hemp. So, it’s important that your hemp flower is grown in clean soil. Mr. Hemp Flower offers non-GMO and pesticide-free hemp flower with rich terpene profile and high CBD levels.

Hemp Flower by Licensed Growers

All of our hemp flower is grown by licensed growers and is tested by an independent, third-party lab. Hemp is a special plant, so producing high-quality CBD flower requires previous knowledge and experience.

That’s why we work only with farmers that have more than 5 years of experience in the industry and who have cultivated great strains through the years. Our hemp flower is sourced from the best farms in the US, including Oregon, Washington State, and Colorado.

Avoid Carrying Hemp Flower in Public

In most US states, including Indiana, where state law collides with federal law, it is important to avoid taking your hemp flower in public. So, try not to carry hemp flower in your car and use it strictly in the privacy of your home.

Indiana Hemp Flower for Sale

Mr. Hemp Flower offers organically-grown hemp flower with less than 0.3% THC to all 50 states. Expect a quick delivery within 3-5 days. We include a lab analysis report and notice to law enforcement in all of our packages.

If you are looking for CBD flower with 0.3% THC, and over 16% CBD, here are our best products:

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Special Sauce CBD Hemp Flower

$8.99 – $109.99

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Sour Candy Kush CBD Flower

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Retailers vs. Indiana on Hemp Flower Ban

Seven Indiana companies filed a federal lawsuit against the State of Indiana and its governor because of the hemp flower ban.

Hemp flower is a legal hemp derivative under federal law, but, in Indiana, it is illegal to manufacture, distribute, or possess smokable flower.

According the Indiana Industrial Hemp Act,

“Hemp means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9-tetrahydrocannabinol concentration of not more than three-tenths of one percent (0.3%) on a dry basis, for any part of the Cannabis sativa L. plant.“

Under this definition, the Indiana law legalizes all parts of hemp as long as they contain 0.3% THC or less. However, under the section “hemp product,” the law excludes smokable flower from the previous definition of hemp.

The law defines, “hemp product” as a product derived from or made by, processing hemp plants or plant parts including derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers. However, the term does not include:

Smokable hemp or;
Products that contain a total delta-9-tetrahydrocannabinol concentration of more than three-tenths of one percent (0.3%) by weight.

This means that Indiana law legalizes CBD from hemp, but outlawed smokable hemp flower. The state also criminalized the transportation of smokable hemp “despite federal law explicitly stating that states have no power to do so.”

A Short Overview of Indiana Hemp Laws

2019: Senate Bill 516

Indiana legalized hemp under SB 516 in 2019, permitting the cultivation of hemp and processing of hemp-derived products.

2018: House Bill 1137

This bill removes the excluded industrial hemp commodities or products form the definition of industrial hemp and specifies that the definition of industrial hemp includes the resins of Cannabis.

2018: Senate Bill 370

This bill requires the Department of Agriculture to establish the industrial hemp products and development program.

2016: House Bill 1228

The HB 1128 bill allows the state seed commissioner to adopt rules to implement industrial hemp laws. Also, it encourages hemp research by educational institutions.

2014: Senate Bill 357

The bill authorizes the Department of Agriculture to license the cultivation and production of industrial hemp. The bill was signed by Governor Pence in March 2014.

Can You Buy CBD in Indiana?

Yes, you can buy hemp-derived CBD in Indiana.

The Indiana law didn’t specifically legalize cannabidiol (CBD), but all cannabinoids, aside from THC.

So, as long as the CBD products you buy are derived from hemp and contain THC levels of 0.3% or less, you are doing a legal activity.

Marijuana is illegal in Indiana for adult use, and the state even failed to legalize medical marijuana in 2015. Prior to the legalization of hemp CBD oil, in 2017, Indiana legalized CBD oil with 0.3% THC for epilepsy.

Disclaimer: This article is for informational purposes only and does not provide legal advice. Mr. Hemp Flower only provides visitors with free information regarding hemp laws and policies.

FAQs on Hemp Flower Indiana State Laws

How much hemp flower can you purchase at once (or one time) in Indiana?

There is no legal limit to the quantity of you are allowed to buy in Indiana. You might find that some hemp flower shops only offer a certain quantity of hemp flower for sale.

Do you need a special license to purchase hemp flower in Indiana?

If you are a regular user of hemp flower, you don’t need a license to buy hemp flower. But, if you are buying hemp flower to process, transport, or sell, you need to be licensed. The state is still in the process of creating rules and regulations to allow commercial cultivation of hemp in 2020.