Indiana Hemp Law

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5 acres of hemp were grown in Indiana last year

On this page you will find Indiana hemp law along with a history of how Indiana hemp bills have progressed through the State capitol over the years.  We also provide links to important information concerning Indiana hemp programs and state agency advisories or opinion letters.

Indiana Hemp Resources

Indiana Hemp Regulatory Website

Indiana Hemp Legislation

2018
HB 1137

Removes the exclusion of industrial hemp commodities or products from the definition of “industrial hemp”. Specifies that the definition of “industrial hemp” includes the resins of the Cannabis sativa plant.

SB 370

Requires, within existing resources, the department of agriculture (department) to establish the industrial hemp products and development program. Requires the department to assign an employee to perform certain duties to promote the industrial hemp industry.

Position: Support

SB 52

Low THC hemp extract. Provides that the Indiana department of state revenue (department) shall revoke a registered retail merchant’s certificate if the department finds that the person has been convicted of dealing in marijuana based on the sale of fraudulently labeled low THC hemp extract. Repeals all provisions concerning the cannabidiol registry and a “substance containing cannabidiol” (all added by HEA 1148-2017). Defines “low THC hemp extract” as a product: (1) derived from Cannabis sativa L. that meets the definition of industrial hemp; (2) that contains not more than 0.3% delta-9-THC (including precursors); and (3) that contains no other controlled substances. Establishes testing, packaging, and labeling requirements for the distribution and retail sale of low THC hemp extract, effective July 1, 2018. Provides that a retailer commits dealing in marijuana as a Level 5 felony if: (1) the retailer sells marijuana; (2) the marijuana is packaged in a manner that appears to be low THC extract; and (3) the retailer knows or reasonably should know that the product is marijuana. Makes possession of marijuana a Class A misdemeanor if: (1) the marijuana is packaged in a manner that appears to be low THC hemp extract; and (2) the person knows or reasonably should know that the product is marijuana. Urges the legislative council to assign to an appropriate interim study committee the task of studying the regulation of industrial hemp, industrial hemp products, and low THC hemp extract manufacturing.

2016
HB 1228

Allows the state seed commissioner to adopt rules ti implement laws concerning industrial hemp. Encourages Indiana University School of Medicine and other state educational institutions to research the use of cannabidiol oil (CBD) from a hemp plant in the treatment of intractable epilepsy. Provides that an individual who possesses or uses CBD from a hemp plant for the treatment of intractable epilepsy is not subject to criminal penalties for the possession or use of the CBD if certain conditions are met. Provides civil, criminal, and administrative immunity for a physician who recommends, dispenses, possesses, or administers CBD in the treatment of intractable epilepsy.

2015
HR 1181

Provides that the exemption of industrial hemp from the definition of “marijuana” includes the fiber, seeds, resin, and oil or any other compound extracted, derived, manufactured, or prepared from any part of an industrial hemp plant. Introduced by Representative Lehe and cosponsors on 1/12/2015. Download bill text. (82k)

2014
SB 357

Industrial hemp. Subject to federal approval, authorizes the department of agriculture to license the cultivation and production of industrial hemp. Establishes requirements to obtain a license. Authorizes inspections by the state police and audits by the department. Provides that in addition to any other liability or penalty, the department may revoke or refuse to renew a license and may impose a civil penalty. Requires the department to apply for necessary permissions, waivers, or other form of legal status by the United States Drug Enforcement Agency or other appropriate federal agency that is necessary to implement the law. Makes a conforming amendment to the definition of “marijuana.”

STATUS: signed by Governor Pence on 3/26/2014

Download the text of SB 357 as Introduced here (PDF file 672k).

SB 314

Legalize small amounts of marijuana. Authorizes the licensed cultivation and production of industrial hemp in accordance with rules adopted by the department of agriculture. Makes possession of less than two ounces of marijuana a Class C infraction. Makes possession of more than two ounces of marijuana a Class B misdemeanor, and makes the offense a Class A misdemeanor if the person has two or more prior convictions involving marijuana in the past five years. Requires a court to suspend a sentence imposed for possession of marijuana if the person does not have a previous conviction involving marijuana in the past five years, and requires a court to defer a sentence if the person pleads guilty to misdemeanor possession of marijuana. Makes the sale or delivery of more than two ounces of marijuana a Class A misdemeanor, and makes the offense a Level 6 or Level 5 felony under certain circumstances. Provides a defense if a person who delivers less than 10 pounds of marijuana does so for no consideration. Makes the public use or display of marijuana a Class B misdemeanor, and makes the offense a Class A misdemeanor if the person has two or more prior convictions for an offense involving marijuana in the past five years. Reduces the penalty for maintaining a common nuisance to a Class A misdemeanor if the only unlawful controlled substances involved were marijuana, hashish, or hash oil. Allows certain persons convicted of dealing in marijuana as a misdemeanor to participate in a forensic diversion program. Repeals the controlled substance excise tax. Makes technical corrections and conforming amendments.

Download the text of SB 314 as Introduced here (PDF file 557k).

2013
SB 580

Authorizes the licensed cultivation and production of industrial hemp in accordance with rules adopted by the department of agriculture. (Bill has many drug policy components as well.) 1/15/2013, read first time and referred to Committee on Corrections & Criminal Law.

Download the text of SB 580 as Introduced here (PDF file 672k).

SR 31

Urging to study the legalization of growing industrial hemp. Introduced on 1/14/2013.
Download the text of SR 31 as Introduced here (PDF file 86k).