The 2018 Farm Bill irreversibly changed the landscape of the hemp industry throughout the country. Finally legalizing the cultivation of hemp for public sale, this Bill has made hemp widely accessible in a variety of form-s. But because of the herb’s close resemblance to marijuana, many are left wondering how far the extent of its legalization goes.
In states like Indiana, there’s still quite a bit of red tape surrounding hemp. With slightly stricter laws and regulations keeping the production and sale of the herb in check, Indiana natives have slightly more to consider when dealing with this controversial agricultural commodity.
Up until September of 2019, the State of Indiana banned smoking hemp flower within their borders. This was due to the fact that law enforcement had no way to differentiate raw hemp flower from marijuana. But because the 2018 Farm Bill legalized the use of hemp on a federal level, the local law that banned smokable hemp was deemed unconstitutional.
But that doesn’t mean that hemp enthusiasts are completely in the clear. Indiana is one of the most contentious states in terms of the use of the cannabis plant in general. To this date, the state has yet to legalize marijuana.
In that light, it’s easy to see how smoking hemp flower in public can be a problem. Because marijuana has yet to be decriminalized in Indiana, it’s possible for hemp users to experience the brunt of the law since hemp and marijuana are similar in odor and appearance.
Then again, because hemp and marijuana look so much alike, law enforcement can no longer use its smell and look as grounds for probable cause. That said, it’s important that any collected samples be put through testing first to determine its THC content and whether it qualifies as hemp and not marijuana.
As a civilian however, it might be ideal to simply avoid any run ins with the law by keeping your hemp stash safe at home. If you need a dose of CBD on the go, other products like oils, edibles, and topicals are free to use throughout the state.
Interestingly, CBD edibles or any hemp-infused food or drink are not legal on a federal level. This is according to regulations set forth by the FDA which claims that hemp-derived extracts found in food and beverages aren’t actually safe for human consumption.
What’s more, the FDA asserts that even medications that are previously approved for oral use can’t be incorporated into food and drink products. But even then, the Administration seems to be turning a blind eye to the rampant availability of hemp-infused edibles throughout the market.
This lends clue to the kind of future that the hemp market can expect. Even with these regulations in place, it seems most law enforcement agencies are simply overlooking the widespread sale, purchase, and use of hemp-infused food and drink. So, in the long run, we can assume that hemp edibles will transition into legality.
Only individuals in possession of a license to grow hemp can cultivate the plant within Indiana’s borders. If you’re found growing hemp at home without a license, then any cannabis plants you have will be immediately considered marijuana. This also means that you may be penalized based on the sanctions stipulated in the law regarding the cultivation of marijuana.
Other than that, however, everything else relating to hemp is legal. That means you can buy, sell, own, and use hemp and hemp-derived products without any legal repercussions. Save of course for the issue of distinguishing raw hemp from marijuana, which may be troublesome at best.
Despite having some of the strictest laws surrounding the use of marijuana, the hemp atmosphere in Indiana allows its population the freedom to enjoy the hemp. Do note however that because the possession and use of marijuana remains illegal in the state, the close resemblance of hemp can get you into some minor trouble. But in terms of legality, as long as you’re sure your hemp flower meets federal standards, you should be in the clear.
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