Indiana has a complicated relationship with smokable hemp flower. State law explicitly prohibits the possession, use, and manufacture of this product, a decision that courts deem as unconstitutional.
Does the smokable hemp ban in Indiana apply to THCA flower? In this article, we’ll dive into the legality of this type of flower, where to buy it, possession limits and safety.
Last Update: March 6, 2024
Summary
- THCA flower is illegal in Indiana because state law prohibits the distribution, sale and possession of smokable hemp.
- Under state law, the manufacture, distribution, and possession of smokable hemp is punishable by a Class A misdemeanor.
- Marijuana is illegal in Indiana for recreational use. The state legalized the medical use of cannabis, but the bill won’t go into effect until 2025.
- Under the 2018 Farm Bill, hemp is legal if its delta 9 THC concentration doesn’t exceed 0.3% by dry weight.
Where to Buy THCA Flower in Indiana?
Indiana’s law prohibits the sale of smokable hemp flower, so avoid purchasing THCA flower in this state.
The best alternative to smokable hemp flower in this state is full spectrum delta 9 THC gummies. Gummies take longer to act, but they offer an excellent THC experience.
Our gummies contain less than 0.3% delta 9 THC by weight and come in various flavors. An organic and vegan-friendly recipe, our delta 9 gummies are compliant with the 2018 Farm Bill and are legal in Indiana under SB 516.
If you want to enjoy premium delta 9 gummies, click here to order. These gummies are 100% derived from organically grown hemp and come with a Certificate of Analysis as proof of their legality.
If the law changes, Mr. Hemp Flower’s premium hemp flower awaits. Our hemp is grown by US expert farmers with years of experience in cultivating this special crop.
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The Mendo Breath pre-roll is an easy toke with lush smoke and a pleasant, if vague, flavor. Sweeps all the “Type A” away and lets the relax in.
Is THCA Flower Legal in Indiana?
Indiana prohibits the sale of smokable hemp flower, which makes THCA flower illegal.
The state has a general ban on smokable hemp, listed under the terms “hemp bud” and “hemp flower” in the state’s Criminal Code.
The Act defines smokable hemp as a product with no more than 0.3% delta 9 THC that “allows THC to be introduced into the human body by inhalation of smoke.” The definition includes precursors and derivatives of THC.
In addition, the possession, distribution, and manufacture of smokable hemp flower is banned under Indiana Code Section 35-48-4-10.1. This means that anyone who distributes and possesses smokable hemp will be punished with a Class A misdemeanor (up to a year in jail and a maximum fee of $5,000).
The only exception is continuous transit or shipping of smokable hemp from a licensed producer in another state through Indiana to a licensed handler in any state.
On a few occasions, the smokable hemp ban in Indiana was deemed unconstitutional. But the state hasn’t done anything to change its legal status. So, THCA flower remains illegal in Indiana.
Marijuana is illegal for recreational use, while medical cannabis was legalized in 2023. The medical marijuana Act will be enacted in 2025.
What is THCA Flower?
THCA flower is a hemp flower that contains a high concentration of THCA (up to 25%) and a low concentration of delta 9 THC (less than 0.3%).
THCA, short for tetrahydrocannabinolic acid, is the precursor of delta 9 THC. It’s a biologically inactive cannabinoid that activates when heated. Applying heat to THCA flower gives the typical marijuana experience because the THCA converts into delta 9 THC.
THCA flower is federally compliant hemp if its delta 9 THC levels don’t exceed 0.3% by dry weight. However, due to its chemical similarity to marijuana, it has a controversial legal status.
Is THCA Legal Federally?
Hemp products with a delta 9 THC concentration of no more than 0.3% delta 9 THC are legal under the 2018 Farm Bill.
The concentration of delta 9 THC in a product is the only valuable metric under federal law. This means that as long as the delta 9 levels in THCA flower don’t exceed 0.3% by dry weight pre-harvest, it’s legal hemp.
There are no provisions in federal law that require finished hemp products to be tested for their total THC (THCA + THC) levels. Some states calculate the THCA concentration in the final product, which makes THCA flower illegal within their borders.
Federally, if the levels of THCA flower don’t exceed 0.3% by weight 30 days before harvest, it’s a legal product regardless of its THC levels after harvest. The reason for this is that the total THC standard applies only to pre-harvest hemp and not finished hemp products.
Is THCA a Controlled Substance in Indiana?
No, THCA is not a controlled substance in Indiana if derived from hemp.
Under Indiana’s Controlled Substances Act, tetrahydrocannabinolic acid is not an illegal substance if derived from hemp. The state removed hemp and hemp THCs from the definition of marijuana when it legalized hemp in 2019.
On the other hand, state law lists marijuana-derived THCs, their derivatives, and compounds with similar chemical structure as Schedule I substances.
Is THCA Flower Safe?
THCA flower is safe when you purchase from a trusted vendor.
Ensure maximum safety with THCA flower by buying from reputable online stores like Mr. Hemp Flower. We offer expertly grown THCA flower that’s free from toxic by-products and contaminants. Cultivated by US-licensed farmers, our hemp flower is clean and organic.
With each strain, we offer a Certificate of Analysis from a third-party, certified lab. When it comes to THCA flower, buying clean and organic strains are key to safe consumption.
Another factor that plays into it is the amount you consume. Before consumption, check the Certificate of Analysis of the product. Based on the levels of THC in the particular strain, calculate the dosage that matches your tolerance levels.
As a rule of thumb, beginners should start with a single puff, while seasoned users can consume an entire pre-roll. High doses of THCA flower can cause:
- Dry mouth
- Red eyes
- Dizziness
- Drowsiness
- Fatigue
- Nausea
- Lightheadedness
- Anxiety
- Paranoia
Are There Any THCA Possession Limits in Indiana?
No, Indiana has no set possession limits on THCA flower.
Smokable hemp is banned in Indiana, so there’s no law that regulates the sale and distribution of this product. In addition, there are no explicit possession limits or other regulations on THCA flower.
Final Thoughts: Is THCA Flower Legal in Indiana?
THCA flower is illegal in Indiana.
The state is one of the few that have a smokable hemp ban, which makes any hemp flower and hemp buds illegal to purchase.
The smokable hemp ban has been ruled unconstitutional by courts, but it still persists. THCA flower is not sold in Indiana, and you should avoid ordering it online.
FAQs on THCA Flower Indiana
Is THCA flower sold in Indiana?
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Is THCA legal in all states?
THCA is legal in states that don’t list hemp-derived tetrahydrocannabinol and its acids as controlled substances.
Does THCA show up in a drug test?
If consumed through smoking or vaping, THCA flower will show up on a drug test. When heated, THCA converts into delta 9 THC, the intoxicating cannabinoid whose metabolites are detected by standard urine drug tests.
Can I send or receive THCA flower via USPS in Indiana?
No, sending or receiving THCA flower via USPS in Indiana is an illegal action. The state prohibits the distribution of smokable hemp flower, with the exception of transit between other states.
How do I prove my product is legal THCA flower?
By carrying a Certificate of Analysis, you can prove the legality of a hemp-derived product like THCA flower. But, the way this document will be received by the other side depends on various factors, including the state you’re in and its laws. The best way to prove a product is legal THCA flower is to test it in a lab.
Will THCA flower get me high?
Yes, THCA flower will get you high. When heated, THCA converts into delta 9 THC and gets you intoxicated.
Can you travel with THCA?
Sure, you can travel with THCA, but it’s not recommended to do so unless you’re traveling to a state that doesn’t prohibit recreational cannabis. Products containing this cannabinoid have a complicated legal status and may be viewed as marijuana in the eyes of law enforcement despite being hemp.