Indiana’s Shocking New CBD Law

Indiana stores have 60 days to sell or pull all CBD products off of their shelves or face inventory confiscation and fines. Indiana state’s attorney general, Curtis Hill, announced in November 21, 2017 that any substances containing CBD, or cannabidiol, are illegal to possess, make and sell in Indiana on both a state and federal level. He went on to state that local officers could confiscate any substances containing CBD.

Indiana state governor, Eric Holcomb, instructed state excise police (the law enforcement division of the Alcohol and Tobacco Commission) to perform regular check-ins on retail stores selling CBD products. The 60 day grace period will be used to help educate store owners on the new law and issue warnings about the illegal selling of CBD oil.

Confusion in Legal Language

The exception to this law is for epileptic patients needing CBD products to regulate frequency of seizures. Patients are monitored in a state registry that was created by lawmakers; no one outside of the registry can legally possess or sell CBD. There has been a lot of confusion swirling around the legality of CBD in Indiana since it was made legal in April 2017 for patient possession, but the law failed to indicate how patients could procure CBD products since they’re illegal to sell in Indiana. Following the passage of the law, several stores across the state had more than 3,000 CBD products confiscated from their shelves by local police due to confusion over the law. Many retailers are still waiting for their products to be returned by the state.

Sufferers Left Behind

Police and CBD advocates battle over the language of industrial hemp law of 2014, which made the substance legal as long as it contained less than 0.3% of THC. Despite epileptic patients gaining permission to use CBD oil to mitigate their symptoms, people battling other diseases like diabetes, Parkinson’s disease, arthritis and mental health conditions also rely on CBD products to ease symptoms related to their condition.

A Legislation in Progress

Sen. Jim Tomes (R-IN) vows to continue to educate and expand the legality and accessibility of CBD products. He is currently working on expanding the legislation to include the other medical conditions benefited by regular use of CBD. Senator Tomes worked tirelessly for more than 3 years to get legislation passed to legalize CBD oil for medicinal purposes. Drafted within one of the bills he got passed was the guaranteed protection for suffers of intractable epilepsy, Dravet syndrome and Lennox-Gastaut syndrome – all diseases characterized by frequent, life-disrupting seizures. Anyone who does not suffer from one of these conditions and is found to be in possession of CBD, or have it in their system, will be breaking Indiana state law. Senator Tomes is working to educate the attorney general and lawmakers about the vast benefits of CBD oil, along with the striking differences between CBD and THC.

We hope Jim Tomes and the multitude of CBD oil advocates can help reshape Indiana’s law, and help those with treatment-resistant medical conditions have access to the CBD products that relieve their symptoms.

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