Is Delta-8 THC Legal in Indiana?

By | Updated on April 11, 2023

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Indiana laws allow for hemp-derived delta-8 THC products. However, smokable hemp products are banned. Read on for a closer look at the legality of delta 8 in the Hoosier State and where it might go in the future.


Delta-8 THC is legal in Indiana. However, smokable products, like delta-8 flower, are not allowed.

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Indiana Delta-8 THC Laws

Indiana legalized hemp products in July 2019 with SB516, aligning the state with federal policy. The bill specifies that hemp products are not included in the state’s definition of marijuana. That means hemp-derived delta-8 THC is legal.

But the bill also bans smokable hemp products:

“smokable hemp” means a product containing not more than three-tenths percent (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 SB516

That means smokable delta-8 THC — aka sprayed delta-8 hemp flower — is illegal in the state. But you can still buy other kinds of delta 8 products.

What is Delta-8 THC?

Delta-8-tetrahydrocannabinol, or delta 8 for short, is a form of THC, the cannabis compound that makes you high. Most people are only familiar with delta-9 THC, the most abundant form of THC in cannabis plants.

Delta-8 is weaker than delta-9 THC (1). But it can still cause all of the same effects, including euphoria and relaxation.

Delta-8 THC is nationally legal due to a loophole in the 2018 Farm Bill. The bill legalized hemp and hemp products as long as they contain no more than 0.3% delta-9 THC.

But you can also make delta 8 from CBD, the most abundant cannabinoid in hemp. Although the bill never intended this, this delta-8 counts as a hemp-derived product.

States Where Delta-8 THC is Illegal

Some states have chosen to regulate or completely ban delta-8 THC.

Delta-8 THC is currently illegal in 17 states: Colorado, Delaware, Hawaii, Idaho, Iowa, Massachusetts, Montana, New Hampshire, New York, North Dakota, Oregon, Rhode Island, Vermont, Utah, Virginia, Washington, and West Virginia.

The Future of Delta 8 in Indiana

Delta-8 is legal in Indiana, except for smokable flower products.

Some legislators did try to ban delta-8 by redefining hemp with Senate Bill 209. But that provision was removed in February 2022, with lawmakers planning to address delta 8 in a future session to allow for public input and proper discussion. So we’ll have to wait and see.

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